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Itete ■ " ■ ■■ Volume 4 

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LAND SERVICE BULLETIN 

Abandoned military reservations; expenses of 

survey and appraisal 6 10 

Abandoned military reservation; 

Batton Island, sale of 1 24; 4 28 

Abandoned Camp Bowie military reservation; 

regulations for the sale of 7 30 

Abandoned Date Creek military 

reservation; opening regulations! 

Circular No, 677 2 38 

Abandoned Fort Grant military 

reservation; Circular Regulations 

No, 685 3 23 

Abandoned Fort McKinney reservation; sale 

of lands 6 35; 9 29 

Abandoned Camp Three Fork s Owyhee 

military reservation; regulations, 

Circular No, 681 3 20 

Abandoned military reservation; 

Ft, "Jillcox, sale of 4 28 

Abstract of treasury deposits 7 25 

Abstracts certification of Circular 

No. 726 9 15 

Ac counts: increase of compensation, instructions, 

Circular No, 708 6 33 

Accomplishments of the General Land 

Office during last seven years 2 2 

Adverse possession, color of title 8 36 



-2- 



Alaska: 



President authorizes inter -departmental 
conmittee tc consider 

Coal leasing law, proposed amendments 

Coal land leases, representative of the 
lessor designated 

Coal leases 

Coal development in the Nenana 
coal field 

Homestead proofs, unsurveyed lands, 
Circular No. 727 

Plans for greater development of 
the territory - 

Legislative relief pending in Congress 

Restoration of shore spaces; 
Circular No, 714 

Railroad dining-car service 

Progress of surveys 11 6; 

Timber regulations modified, 
Circular No. 722 

Town site surveys 

"Jeather in February 

Allotments to Indian married women authorized 

Allotment applications by married Indian women, 
Circular No, 675 

Appropriations for 1922 for conduct of the land service 

Arkansas lake lands recovered in suit by 
the Government 

Arkansas lake and sunk land litigation 

Arundell, C R., transferred to Internal 
Revenue Service 



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-3- 

Anmdcll', Mrs, C. R. , notice of doath 
in railroad wreck 

Asleep at the switch 

Australia, public land statements 

Baca Float No. 1 now under resurvey 2-8 ; 

Barber A. 7. obituary 

Benedict, Gf. A., transferred to the Internal 
Revenue Service 

Bienville Parish, Louisiana, discovery of oil 

Birds of the Papago Saguaro National Monument 

B ; ird reservation on state boundaries of 
California and Oregon diminished 

Birthday of Bulletin 

Blackfoot town site; regulations for 
the sale of lots 

Black Hills; progress of surveys • 

Board of Survey and Maps 

Box Elder Canyon; proposed grant 

to Converse Uounty, 7/yoning 5 49 



Boundary lines; agreement of public land 
claimants 

Butler, Samuel, obituary 



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12 35 
2 28 



Broken Bow, Nebraska; office of Register 

and Receiver consolidated ' 46 

Camden and Little Rock district land 

offices consolidated, 3 48; 4 62 ; 5 66; 9 33; 



Camp Three Forks Owyhee military reservation, 
report of sale 



43 



-4- 

Camp LlcClollan survey 1 7 

Cancellation cf homestead patent 

fraudulent entry 3 39 

Carey act; jurisdiction of the Department 10 37 

Carey act, segregation of public lands 

amendment of original act 11 42 

Carey act lands, preference right of entry, 

Circular No. 731 12 24 

Carey act amended limiting 

period of segregation to arid lands 12 31 

Caribou National Forest; addition 

of certain lands authorized 5 51 

Cattle king and nester 5 12 

Codification of abstracts; instructions., 

Circular No* 726 9 15 

Change of description asked for in 1835, and 

acted upon in 1920 7 8 

Cheyenne River and Standing Rock Indian 

land, sale of, 1 22; 2 32; 3 13; 5 60; 7 42; 9 30; 

Chico Canyon National Monument; proposed survey 6-4; 12-4 

Chippewa isolated tracts in 

Minnesota, Circular No* 636-g- 2 29 

Choctaw and Chickasaw coal and 

asphalt lands in Oklahoma 3 15 

Christmas greetings for 1920 11 1 

Circulars heretofore unreported, compilation 

suggested 2 17; 1 30 

Citizenship of woman on admission of state 8 19 

Classification of public lands 6 30; 8 3; 11 30; 12 19 

Coal leasing regulations, act of 

February 25, 1920 3 13 

Coal land, notable sale of 8 20 



-5- 

Coal prospecting permits proposed in Alaska 12 1 

Cosur d'Alene Indian lands, sale of 9 30 

Colburn, Major Alvin, notice of promotion in 

military service o 



Colville Indian lands; legislation 
for the relief of settlers 

Colville Indian reservation; extension 
of time for payments, Circular No. 698 



42 



45 



34 



Compensation of Registers and Receivers of 

U. S. Land Offices 4 17 

Contestant' who receives notice of -preference 

right at a date when the land is withdrawn 

from entry is entitled to privilege after 

rest orat ion 1 37 

Contest proceedings on Sunday in district 

land office not invalid 4 9 

Contest affidavit insufficient where it 
appears that the contestant has no actual 

knowledge of the facts 

■ •'■-/■• 

Contestant of desert land entry, preference right 

Conviction of Carlos L* Byron and Edward N- Comyns reported 

Convictions and indictments 9; 3 7; 4-6,9,11,13; 6-12,13; 

7-6,7; 8-8;9-9, 11; 10-7,9; 11 8; 12-6 5 11 

Crow Indian Lands, allotment authorized 
"by Congress 

Crow Indian reservation; survey authorized 

Crow Indian reservation townsites 

Crow Indian reservation, townsite survey 

Crown lands in New Zealand 

Cutr-over and swamp lands 

Desert land acts of 1877 and 1891 .amended 



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-6- 
Desert land act amended by Public No. 292 12 31 

Desert land entries, Chuckawalla 

Valley and Palo Verde Mesa, 5 36 

Desert land contest sufficiency 

of affidavit of contest 2 51 

Designation of lands under the 

stock-raising homestead law; Circular No. 697 4 3& 

District land offices comparative 

statement as to present and pending business . 10 41 

District land office may transact business 

on Sunday 4 9 

District land office at Broken Dow, - . • 
offices of register and receiver consolidated 

District land office work report 2 65; 3 48; 4 60; 

"Eldred" land opening in Nebraska 

Ephemeris of the sun and polaris, and tables 

of azimuths and polaris completed 8 6 

Exchange of Oregon and California lands, 

regulations amended - 9 16 

Field survey equipment 2 6 

Field notes of survey as 

basis of information ... 34 

Final proof of homesteaders 9 1 

Final affidavit of reclamation, 

Circular No. 704 5 41 

Fiscal year of 1920, 
comments on official outlook 

Flathead lake villa sites 5 49; 

Florida resurveys to correct original township 
plats 

Florida national forest, additions thereto 



Forest lieu selections, dismissal of protests 
by Secretary's decision of December 23, 1920 

Forest lieu selections, power of attorney 



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-7- 

Fort Assiririiboine lands, extension of time 

for payment 11 42; 12 31 

Fort Sullivan, at Eastport, Maine, 
survey of 

Game sanctuary in South Dakota 

General Land Office, work for the ensuing year 

Glacier National Park, transportation roads 

Gold discoveries in Idaho 

Government savings and thrift stamps 

Government employee operating motor truck under 

official direction not required to secure 

State license 10 32 

Grand Canyon' National Park, 

dedication of 3 10 

Grazing lands in Utah, disposition 
authorized by Congress 

Great Salt Lake, resurvey of meander under consideration 

Grand Canyon National Park, suspension bridge 
across the Colorado River 

Happy, Harrison \7. , obituary notice 

Highways over public lands 
Historical sketch of resurveys 

Holiday appreciation for 1920 

Homestead entry, heirs of entrymen 

Homestead entrymen, devisee 

Homesteaders and final proofs 

Horn estead'appli cat ion in conflict with 
possessory rights 

Homestead ^ntry&ea. , rights recognized on 
filing application, requisite affidavit, 
with. fees and commissions 

Homestead entry, deserted wife 

Homestead entries by husband and wife 



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11 33 



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Homesteads in Alaska, reservation of minerals 

to the United States 12 1 

Honolulu Consolidated allowed leases 

for producing wells 11 35 

Hualpai Indian reservation, progress of surveys 2 8; 6 6 

Huron county public park authorized by statute 4 41 

Important business accomplished by the 
General Land Office during last seven years 

Improvement of work in the district offices 

Indian lands, grazing trespass 

Indian allotments and state swamp selections 

Indian married women, allotments authorized 

Indian allotment Sj contest against 

Indian lands, unrestricted patent 

Indian allotment in conflict with homestead 12 12 

Indictments returned against Michael J. Maher and Clarence 

L. Hays 1 9 

Indictments and convictions 2-9; 3-7; 4-6, 9,-11, 13; 5-11, -6-12, 

13,7-6 r 7; 8-8", 9-9; 10-7-9; 
11-8; 12-6 

Iron corner posts for survey monuments 3 5 

Isolated tracts, sale of. 

Circular No, 684 3 16 

Isolated tracts, Berthold Indian reservation sale 

authorized 4 54 



Isolated tracts in Fort berthold reservation, 
sale of, Circular No. 706 



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5 44 



Isolated tracts, sale of Oregon and California 

lands authorized 4 .54 

Intimidations of homesteaders on Government land 5 12. 

Jurisdiction of the Department, writs of mandamus and 

certiorari ■ 10 30, 3i 



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6 


4 



-9- 



jurts'diutlon of the Secretary, writ 
of mandamus 

Jurisdiction of the Secretary, review by the courts 

Kaibab Indian Reservation, settlements rights therein 

Labor situation as affecting surveys 

Lake beds, or dried up lakes belong to 

riparian owners 8 37 

Land 'Attorneys Association of the 

District of Columbia 5 56 

Land allotment, Indian land . 

allotment, vested right - 2 52 

Land Hunger and Land Laws, utilization 
of the undesirable 

Lands opened to entry under the- reclamation act 

Leasing act of February 25, 1920 

Leave of absence for the purpose of v 

performing farm labor 

Legislation recently, enacted 

Lieu selections for lands in national forest 

Limitation of actions, fraudulent entry 

Lindley, Curtis H», notice of death 10 1; 

Litigation in the General Land Office 

Little Rock and Camden district land 

offices consolidated 3-48; 4-62; 5-66; 

Local land of f ices, consolidated work" 

report, l-47;6-46; 7-43,8-39; 9 -31; 10-42,ll-47;J.2-36 

Los Angeles, California, act of 

Congress authorizing sale of 

certain lands to the City 5 50 

Manual of surveys reprint, 4-5; 6-10; 9-7 

Mare Island and adjacent lands surveyed 11 6 



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-10- 

■ Maori lands taken; over by New Zealand settlers 

Meander lines, tidal lands 

Military service, Acts of July 28, 1917, 
and February 25, 1919, Circular Ncu 646 

Military bounty land warrant, double assignment 

Military bounty land warrant, location affected 
under erroneous survey 

Military service regulations of April 28, 1919 

Mineral leasing law, act of February 25, 1920 

Mineral leasing law is epochal 

Mineral Leasing Act regulations , 

instructions, and recent rulings 5 14 

Mineral leasing act, disposition of 

receipts, Circular No, 733 12 27 

Mining location, jurisdiction of the Land Department' 3 36 

Mining claims, extension of time for 

annual assessment work 11 42 

Mining claim", certificate of location, 
water and water courses 

Mining claim, placer locations 

Mining claim, certificate of location 

Mining claim, adverse proceedings 

Mining claims, rights of aliens 

Mining claim, navigable waters riparisn rights 

Mining claims, ownership of ore. beneath the surface of 
conflicting lodes 

Minnesota drainage, tax sales, forfeiture and redemption 

Monongahela national forest 

Montana town sites 

Motor truck operated under official direction 

not required to secure a State license 10 32 



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48 


8 


35 


8 


37 


11 


25 


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29 


2 


8 



Mount McK'Inley National Park, arrangements 
for survey 

Mules, usefulness in survey mrork 

Munroe, Mrs, Jennie L., obituary notice 

Natural bridge and cavern in Arizona 

National forests and monuments created and established 

National forests, additions reported 

National forest surveys in Oregon 

National Park to Park Highway, official 
recognition of this project 

National Parks, automobile guide maps 

National parks accessible in winter season 

National Park conference at Des Moines, Iowa 

Navajo desert, surveyor's sketch 

Navigable waters, riparian rights 

Navigable waters, tide lands 

Nevada lands, irrigation by subterranean waters 

New Mexico, State authorized to make 
special disposition of the proceeds 
of its land grant 

New Zealand report as to crown lands 

New Zealand, high land values reported 

Notices to registers and receivers of official action 

Obituary : 

A, V7." Barber,' 

Samuel 3utler r 

Mrs. Jennie L« Monroe, 

O t Connell, James P., death of daughter 

Mrs* Mary G> "Oyster 

Francis J." Parke 

Louis H. Pinkhan " 

"tfilliam CV Pollock 

Queenie Smith •• 

Roberts, W» A., 



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49 



-12- 
Odd job for Uncle Sam 4 15 
Oil production and consumption in the United States 4 14;5-3C 

Oil mining claims, withdrawal, construction of the Picket Act 

(Honolulu Case), decision of the Secretary 7 }.4 

Oil mining locations, diligence in 
prosecution of work 

Oil mining claims dummy locations, possessory rights 

Oil land activities 

Oil and gas rights in State lands of New Mexico 

Oil locations, classified coal -land areas 

Oil prospecting permit, right of successful contestant 
of homestead entry 

Oil prospecting permit denied in producing structure 

Oil prospecting permits in conflict with non-mineral 
applications, instructions of October 6, 1920 

Oil leasing act, first permit issued 

Oil and gas permits and leases, digest of recent rulings 

Oil prospecting permits, Red' River claims, 
instructions of June 18, 1920, modified 



Oil prospecting permit not granted within Indian reservation 

Oil prospecting permits on lands withdrawn for 
power site purposes 

Oil prospecting permits, extension of time 
for complying with terms 

Oil prospecting permits filed in the district land offices 

Oil prospecting permit on ceded Ute Indian lands 

Oil lands of the Five Civilized bribes 

Oil mining- lease, inuring clause in Section 18 of the 
act of February 25, 1920 

Oil and gas leases in- Alaska, royalties and rentals 

Oil lease applications, amount of back royalties 

tendered by applicants • 11 



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11" 



-13- 

Oil and gas leases, limitations under Section 27 
act of February 25, 1920 

Oil and gas applications, instructions, Circular No. 674 

Oil and gas regulations, amended 
instructions, Circular No. 676 

Oil and gas regulations amended, Circular No. 687 

Oil shale claims, general leasing act, instructions 

Oil shale activities 2 10; 

Old cases requiring present consideration and 

final action 9 13; 

Oregon and California land openings 

Oregon and California Lands, regulations governing 
restoration of 

Oregon and California lands, progress of classification. 

Oregon and California timber lands, sale of timber reported 

Oregon and California grant lands, restoration of 

Oregon and California reilroad lands, litigation between the 
grantee company and purchasers of its lands 

Oregon and California lands, taxable interest 

Oregon and California lands, sale of isolated 

tracts, Circular No. 709 5 29 

Oregon and California lands, regulations governing 

exchanges amended 9 16 



l b 



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10 


14 


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22 



Oregon and California railroad lands and Coos Bay 

wagon road lands, act of June 4, 1920 5 50 

Oregon and Calif ornia' grant and Coos Bay wagon road 
grant, Circular No. 705 

Papago Indian claim to land in Arizona 

Parks'^ Francis J. , obituary 

Patents, recordation and delivery recommended 

Photolithographic copies of plats, Circular No, 701 

Phosphate regulations, general leasing act 



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39 


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37 



-14- 



Pinkham, Louis E-, obituary notice 

Plats of survey, reproduction of 

Pollock, William C*, obituary 

Possessory rights tar to adverse homestead application 

Powder house lot, St, Augustine, Florida, survey of 

Practice, motion for the exercise of supervisory authority 

Preemption claims not covered by the soldiers' relief 
act of July 28, 1917 

Preliminary affidavit of applicant, amendment of 
Sec, 2294, R. S*, suggested • 

Private land claims, evidence of title 

Private claims within Indian Pueblos 

Private land claim, treaty protection 

Private land claims, community grant 

Property report, Circular No. 694 

Public land legislation, possibilities of 

Public lands in Western A»gfrea2.ia 

Public lands in the State of Texas 



Publicity, through press notices, of public 
land activities 



Public waters, rights acquired by appropriation 8-35; 

Railroad right of way, abandonment 
Railroad land grants, relation of title 

Railroad grant, taxable interest, Oregon and California 

lands 

Railroad right of way, Indian reservation 

Railroad land grant, indemnity provisions in conflict 
with forest withdrawal 

Railroad right of way made available for public 
road purposes 



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-15- 

Receipts and disposition of public moneys 

Receiving clerk, General Land Office, 
operations of office 

Reclamation Circular approved May 18, 1916, 
amended Circular No. 700 

Reclamation circular amended, paragraphs 41 and 76 
Reclamation under the Carey Act in Oregon 

Reclamation projects, schoolhouse sites granted by 
act of October 31, 1919 - instructions 

Reclamation projects, water rights 

Reclamation withdrawals, under first form 

Circular Instructions No» 7 34 12 28 

Reclamation service authorized to dispose of lands 

withdrawn but no longer deeded 4 54 

Reclamation act, opening of lands to entry 1 21 

Reclamation townsites^ unsold lots and unsurveyed 

lands may be leased . 5 '49 

Registers and Receivers of U. S. land offices, 

compensation of 4 17 

Register and 'Receiver, broken How," Nebraska; offices 

consolidated with duties imposed upon the register 5 65 

Red River oil field, survey of south boundary 4-4; 5-52 

Red River between the States of Oklahoma and Texas; 

status of unsurveyed island therein 10 10 

Regulations of February 24, 1920, for the restoration 

of ■ a 'portion of the Oregon and California Railroad 

grant lands • 1 12 

Red Cross in the Interior Department 10 40 

Restoration of Oregon and California Railroad 

grant lands 1 11 



Restorations and openings of public *lands~l-23; 2-43; 3-30; 

4-27; 5-58; 6-41; 7-38; 9-26; 10-16; 11-27; 12-20; 
. - . . o— ^y ; 

Resurvcys, historical sketch of, legislation 8 10 



-15- 



Resurvey not to delay issuance of patent 

Resurveys in the State of Florida 

Resurveys in Utah 

Repayment claims, instructions under Act of December 
11, 1919, Circular No, 728 

Retirement law, statement of its provisions 

Return of moneys on withdrawals or applications, 
Circular Mo, 693 

Revocation of withdrawal, restoration 

Rights of way, act of March 3, 1891 

Right of way obtained under a statute for a purpose not 
permitted thereby; remedy of Government 

Rid Hondo private land 
claims, Louisiana 

Rio Grande Valley, New Mexico, progress of development 

Roberts, 7. A., - obituary 

Royalties and rentals upon oil and gas leases in Alaska 

Schedule' of the date's 'of sale of former Indian reservations 
and abandoned military reservations 

School land grant, power-site withdrawal, exchange of title 

School land grant to the State of Louisiana vested in the 
State on admission, and thesale and conveyance of such land by 
the State is not invalid though not made as prescribed by 
statute 

School grant to the State of Washington 

Sechrist, Loyd E» ? account of death 

Secretary Lane, resignation of 

Secretary Payne assumes official duty 



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Shore spaces "in Alaska, act to provide for the abolition 
of the eighty-rod reserve shore spaces 



35 

41 

5 

5 

7 

52 



-17- 

Mafiohal ?orost, consolidation of 
ioi-Hctt holdings . • 5 50 

Skcg-r'w arid Valdoz, Mask a, tracts patented 
for cemetery purposes 

S.iall-holding clains 

Smith, John A., military promotion 

Smith, Queenie, obituary 

Snake River lands subject of relief legislation 

Soldiers preferred right of homestead ; ontry; 
regulations under Public Resolution No. 29 

Soldiers additional homestead rights, information 

Soldiers' additional rights; executive construction 
sustained by the court 

Stamp tax on deeds given in exchange with the United States 

Standard time belts determined through agency of 
surveying service 

Standing Rock and Cheyenne River Indian ' * 

lands, sale of 1. 22; 5-60 

Standing Rock and Cheyenne River Indian Reservations, 

Circular Regulations No. 670 and 680 2-32; 

State boundary navigable waters, adverse possession 

State selections under act of August 19, 1894 

State tax list, suggestion as to method of preparation 

State selections, title of State prior to approval, 

Ridgeley case 1 38 

Statement of business at U.'S. land offices for the 

periods January 1 to June 30, 1919, and January 1 to 

June 30, 1920 10 41 

Stenographic section of the General Land Office 8 20 



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»lfr 



Stock "driveway established in southern 
Utah and in central V/yorning 

Stock driveways established and modified, 1-23; 3-30 ; 5-60j 

5.44; 7-42; 8-34; 9-31; 10-19; 11-29 

Stock raising homestead act construed .. 

Stock raising homestead, Circular No* 523 

Stock raising homesteads, amendment of regulations, 
Circular No. 673 ■ 

Stock raising homesteads, Circular No, 582 

Stock raising homestead law, designation of lands; 
Circular No. 697 

Stock raising homestead in operation, summary of progress 



Stock raising 'homestead act, statement showing by land 
offices and state total of entries and acreage covered thereby 

Subterranean water for irrigation in the State of Nevada 

Subdivisional survey accepted 

Sunday transactions of official business in district 
land office valid 

Surveys and maps, board of 

Survey of public lands, anniversary of direct system 

Surveys for the last ten years, area and cost 

Surveys, area of accepted surveys for the fiscal year 

Surveys approved from 1915 to 1919 

/ 

Survey returns in the General Land Office brought 

up to date 6 7 

Surveys, "table for determining the latitude ' ' 

of the station from an altitude observation on Polaris 10 6 

Surveys, blue print of township plats 10 4 

Survey, field equipment 2 6 

Surveys, field notes carry information of general interest 3 4 

Survey returns, examination in the General Land Office 7 5 



5 


55 


9 


17 


2 


35 


3 


16 


4 


32 


12 


7 


11 


22 


4 


39 


2 


42 


4 


9 


2 


4 


5 


6 


6 


7 


5 


10 


1 


8 



-19- 

Survey returns brought up to date in the 
Jen oral Land Office 

Surveys in Alaska, present status reported 

Surveys in the State of Oregon 

Surveys within railroad land grants 

Survey of the Crow Indian Reservation 

Surveys in Montana, present status of work 

Survey of Powder House lot, St. Augustine, Florida 

Survey of Mare Island and adjacent lands 

Survey of the Hualpai Indian Reservation 

Survey of Camp Mc CI ell an 

Survey of Indian Lands; transfer of field parties 

Surveys of townsites 

Surveying manual, note on Sec. 156 

Surveying manual, reprint of chapters one to six 

Surveying instructions of July 23, 1920 

Surveying activities in the field from 1915 to 1920 
Plans for the field season~of 1920 

1-6; 4-6- 5-8-9; 
Seasonal outlook 2-7;3-5;9-8 

Surveying service, establish standard timebelts 
Labot conditions 
.Motor truck transportation 
Acquires new solar transits 
In the field, progress of work 
Importance of field notes 
Surveyors, civil service examination for transitmen 



4 


5 


11 


6;12~3 


6 


5; 9-3 


7 


5 


9 


8 


11 


4 


11 


5 


11 


6 


5 


10 


1 


7 


5 


8 


11 


5 


9 


7 


4 


5 


6 


9 



12 


4 


9 


5 


9 


6 


5 


10 


11 


5 


11 


4 


11 , 


4 



-■>n- 



Surveyors General required to submit 
progressive reports 

Suspension for resurvey, issuance of patent 

Swamp grant to Louisiana, rights of levee district 

Swamp and cut-over lands, investigation 

Swamp grant to the State of Florida, rights of 
settler thereon 

Swamp land grants, mineral exceptions 

Taxation of town }.ots in Lawton townsite 

Texas school lands, sale of 11 25; 

Tidal lands, meander lines 

Tinker cutting for mining purposes by corporations 
organized in one State and operating in another 11 42; 

Timber trespass suits instituted 

Tin discovery in New Mexico 

Township plats of accepted surveys 

Township plats, report of filing, Circular No. 730 

Toiimsite surveys 

Townsites in Crow Indian Reservation 

Townsites in reclamation projects, 

unsold lots may be leased 5 49 

Townsites in reclamation projects, school 

districts given six acres 5 49 

Townsite: 

Anchorage; purchasers in 1915, who have 

made all payments entitled to patent, 8 22; 10 15 

Anchorage; proposition to incorporate 

now pending 7 42 

Banks; survey of lots and 

blocks received 1 29; 8 22 

Black foot; regulations for -the sale 

of, and account of sale, 1-28; 2-30, 42; 3 28 



6 


10 


2 


34 


1 


36 


2 


14 


1 


36 


4 


48 


8 


14 


12 


1 


5 


54 


12 


31 


12 


5 


2 


10 


10 


4 


10 


20 


11 


5 


5 


49 



3 


29 


4 


21 


1 


29 


1 


29 



-21 - 

Benito. ; special act for tho 

use and benefit of occupants 5 48; 6 28 

Boulder; receives patent for land 
to protect its water supply 

Burlington; survey of water front 3-29; 

Purlinf/ton; tract approved for a cemetery site 

DeaverJ tract patented to the town for a cemetery 

Desmet,' Idaho; public sale announced for September 14, 

1920,. and later action '3... 6-29; 7-32; 8 6 

Dupres, S. D.; public sale announced for October' 21," 
1920, and later action . 2-29; 7-34,42 

Fairbanks; new trustee appointed 

to complete work 10-15 11 11 

Frannie;' plat of lots arid "blocks under 

consideration, and later action 3-29;4-40 5 47 

Graehl; chief of Alaska Field Division 

appointed trustee . . 2 42 

Hot Springs, New Mexico, 1-28; 2-42; 3-25,28;4-40; 5-47; 

7-42; 11-10,42 12 17 

Humboldt j subdivisional ' survey 

into lots and blocks received 1-28; 

Huntley; re appraisement of lots directed 11-10; 

Inchelium; time on deferred payments extended 

Juneau; survey of southeast addition, Seat or, ■ - • 

ordered 4-42,43; 10-15; 11 11 

Ketchikan; surveys of exterior lines under examination, 
trustee named 5-47 

La Veta; patent issued for park site 

Lida; survey completed, and later action, 3-28; 4-30; 

Mytori; plats' of the addition to this townsite sent out for 
distribution, and later action 1-28; 5-48; 6-28; 

NenanaJ forfeiture of certain lots announced 



8 


22 


12 


18 


12 


18 



6 


28 


4 


41 


2 


42 


7 


42 





15 



Newell; sale of lots reported 1 28 

Nome; final report of trustee 5 43 

Osborne, Montana; reapprais orient of lots directed, - 

later action. , 11-10; 12 IS 

Parker, Arizona; regulations, for public sale ready for 

approval, and later action 6-29; 7-36,42; 8-22,27; 10-14 

Petersburg; sale of lots 4-12; 5-48; 8 23 

. Plirroner, Idaho;' public sale announced for September 11, 

1920, and later action 6-29; 7-32 T 42; 8 22 

Pocatello; lands granted to protect water supply 5-47; 6 28 

Powell; public sale of lots : "' - -■-■--• 

announced 2-43; 3-28; 4-40;10-15; 11-11; 12 18 

Sanish; extension of time to make 

payment for lots 11-11; 12 18 

Skagway ' and Valdez , entries 
authorized for cemetery sites 

Superior; received and held under protest 

Timber Lake, S- D. ; sale of town lots reported 

Test Yellowstone; survey completed 

Wolf Point; addition of 50 acres to present townsite reported 

Wrangell; trusteeship closed 

Transitmen, civil service examination 

Turnover in the General Land Office personnel 

Vacent lands, judicial definition 

Vine and olive, culture of, under act of March 3, 1817 

Washington exchange lands; survey of 

Water and water courses, 2-51,52; 3-39; 4-48; 6-16; 

Water rights acquired through appropriation 

Waters and water rights, appropriation, reclamation service 

Water rights, diversion 



1 


29 


5 


■48 


5 


48 


8 


6 


1 . 


28 


3 


28 


n 


5 


' 9 


14 


11 


35 


1 


34 


5 


5 


12 


35 


9 


20 


5 


53 


5 


54 



-23- 



V/atcr rights, seepage, appropriation 5 53 

vTfater rights of prior appropriator as affected 

"by improvements of another 1 38 

Water boundary, meander line 2 50 

Water rights initiated under State laws 1 37 

Waters of navigable character, and swamp lands, 

judicial definitions 1 36 

Waters,' use of, riparian rights, common law in force 

in Nebraska except where modified "by statute 1 36 

Welfare Association of the Department of the Interior 6-44; 10 38 

Jell sites, lands withdrawn -for tut not needed, 

disposition authorized 12 31 

Withdrawal of certain Utah lands, instructions, 

May 25, 1920 4 29 

Withdrawal, ' act of June 25, 1910, 

settlement rights recognized 1 40 

Work ahead of the General Land Office for 1920 6 1 

Work report of local land " offices, *2-6 5; "3-46; '4-60; 

5-63; 6-46; 7-43; 8-39; 9-31; 10^42; 

11-47; 

Yakima reservation 

Yosemite, Sequoia, and General Grant National Parks, 
Jurisdiction ceded by the State of California 

Yosemite National Park, free guide service 

Yuma auxiliary reclamation project, 

public sale of reclamation units 4 38 



12 


36 


2 


8 


5 


50 


4 


36 



mwEMMPmm 




m 






Vol. 4 



L'larch 1, 1920 



No. 1. 



THE MINERAL LEASING LAW. 

ACT OF FEBRUARY 25, 1920. 

In the Bulletin for October, 1917, we expressed the opinion 
that the Stock-raising Homestead Act v/as the most important and far- 
reaching land legislation that has "been enacted for many years'; .that 
act was merely a modification and expansion of principles a.nd policies 
inaugurated in 1862, and ever since continued as the principal method 
for disposing of the public domain. With the new mineral leasing act, 
hov/ever, v/e have an entirely new principle and policy injected into our 
land system; it may be said, therefore, to mark the beginning of a hew 
epoch in' the handling and disposition of the country's natural resources, 
for it is important not only because of the new policy, but because of 
the tremendous interests that will be affected. As to the ultimate 
direct and indirect influence of this new policy on cur industrial, 
social and economic life, it is of course unsafe, at this time, to 
make any predictions, other than to state that the possibilities are 
large. The homestead lav/ of 1862 and the mining act of 1866 and 1872 
are usually looked upon by thinking men as among the greatest con- 
tributory factors to the unprecedented development, particularly in 
the west and middle west, of the productive and industrial resources 
of the country during the past half century; yet in all probability 
those of the broadest vision" at the time would hardly have forecasted 
the results we now see, and many were disposed tc take a very pessi- 
mistic view. It required a fight of a decade or more to break away 
from the old cash sales system, under which the land was' gravitating 
into a comparatively few great estates, and to substitute the home- 



stead lav; therefor; it lias taken about the same length of time to 
bring about this leasing policy whereby the title to certain of the 
great and necessary resources will remain in the public ownership. 
Though perhaps from a somewhat different angle, the States Rights 
question entered into both controversies <. Arguments were also urged 
against both on constitutional grounds, but with the leasing act the 
absolute power of Congress over the public lands has been eo com- 
pletely settled that the main considerations have been questions of 
policy „ 

It was urged in behalf of the measu're that the old law had 
proved entirely inadequate and unadapted to the disoosition of coal 
and oil ; that it is nocossary to conserve and control these resources 
to meet the rapidly growing needs of the country; that such control 
may be used to curb monopoly, and that the benefits to be derived 
from such resources " should be participated in directly or indirectly 
by the whole public and not be turned over to private ownership to 
exploit . 

Against the leasing policy it was pointed out that the 
right of private property and individual initiative have constituted 
the main spring of American progress; this was answered with the 
statement that individual 3.. would still' conduct all operations under 
competitive conditions and that a large portion of the privately- 
owned coal and oil lands are operated under lease. One of the most 
effective arguments against the bill was -ohat it would deprive the 
States of the right of taxation;, this was met by giving the states 
37 1/2% of the proceeds arising from all leasing operations. 

Strange as it may seem, after so much difference of opinion 
on questions of general policy or particular features, and after the 
Senate and House had passed entirely different bills under the same 
number and title in order, to throw the whole matter into conference, 
the House adopted the conference reporx by a vote of 287 to 13 and 
the Senate unanimously «, 

The' western states are bound to get practically all the 
direct benefits from the proceeds arising .from operations under the 
law, for, except for. 10'^ that goes into miscellaneous receipts in 
the Treasury, presumably to offset the cost of administration, all 
that does not go to the states, goes to the Reclamation F.und to 
build irrigation projects in the west, so that the law is as much 
a development as it is a conservation measure-. ' 

Probably the most difficult feature of the legislation to. 
settle was the basis of settlement of the litigation with present 
claimants, resulting primarily from the withdrawals. In the Bulletin 
for September, 1917„ we endeavored to outline the chief points in this 
controversy, which has been going on for ten years in the Dapartments, 
the Courts and Congress, Some idea of its extent can be gathered 
from the fact that a few de.ys age judgments favorable to the Govern- 
ment, aggregating more than $9, 000, 000, were rendered in nine cases 

-2- 



in the courts in California, that there is now impounded in the hands 
of receivers and under operating contracts, more than O27,,500 ,000 .00, 
and that claimants for relief must pay the Government for one-eighth 
°f a J-A P a st production before they can get leases. 

The Act is too long to permit of any detailed comment at 
this time; copies of the Act and the regulations tnereunder will be 
furnished all offices immediately they are available. 



-3- 



RESIGNATION OF SECRETARY LANE. 

It is needless to say that it is with profound regret 
that we make .this announcement ., Of the standing of Secretary Lane 
in the public esteem, of his splendid services in the difficult 
role of a Cabinet Member, of the remarkable achie\ emenxs of the 
Department of the Interior under his leadership, as well as the 
spirit of fair dealing with everybody, -.7hich he seems to have 
been able to inject into the Department from top to bottom., we 
need not comment, fcr to the readers of the Bulletin it has been 
a part of our daily work to know and feel these things. Suffice 
it to say, that no head of a great government department ever 
carried av/ay with him the affectionate regard of all the thousands 
of workers in that Department more than will Secretary Lane on 
his leaving the Department cf the Interior- \7e ardently wish 
for him the same success in private life that he has enjoyed in 
his official career; we predict that his influence and leader- 
ship in every forward movement will not be lessened. 



FAREWELL RECEPTION TO SECRETARY LANE. 



An overflow farewell receiption was given Secretary Lane by 
the employees of the Interior Department last Saturday evening r in 
the main corridor of the Interior Department Building. 

The special feature of the evening was the presentation of 
a beautiful, silk American flag to the Secretary as a parting gift 
from the employees of the Department generally* 

The presentation speech vas made by Dr. J. L* McBrien of 
the Bureau of Education, who in fitting words expressed the senti- 
ment of the Department in its farewell to the Secretary, voicing the 
general regret at his departure and appreciation of the constructive 
value of the work that he has performed in the administration of the 
affairs of the Interior Department. 

The Secretary's response was characteristic of his democratic 
relations with our Department, and gave full credit to the loyal ser- 
vice that he had received as Secretary. Touching the gift qf the flag 
he said: 

"It is proper and fitting that you should present me 
with an American flag, for that is the very symbol and 
emblem of our department, because it represents not merely 
the spirit of our people, but it represents the. great' 
problems we have to meet. We are trying in this country 
to do a thing that has never been done -- to take great 
masses of people and blend them into one. Under that flag 
it can be done if the spirit that prevails in this depart- 
ment can be made to spread throughout the United States." 

Assisting the Secretary in the receiving line were Mrs. Lane 
and Miss Nancy Lane, his daughter* The chiefs of the various 'bureaus 
and executive offices of the department with their families occupied 
seats just behind the receiving line. 

Before the reception, motion pictures and stereoptican views 
of several features of the work of the Interior Department during 
Mr. Lane's incumbency, were displayed. After the reception there was 
dancing, the music being furnished by the Interior Department Orchestra 

Altogether it was a memorable occasion, novel in conception 
but well sustained in execution. The American flag was at all tiaes, 
from beginning to end, the keynote of the evening, and so recognized. 



-5- 



SURVEY NOTES 

1920 FIELD SEASON 

Plans are being worked out and' perfected for the early re- 
sumption of field activities in the northern surveying districts and 
in Alaska. The' work of the twenty-one parties in Arizona, southern 
California and New Mexico, and the six parties in Florida, is drawing 
to a close. By the. middle of next month the annual migration of 
engineers, 'surveyors and transitmen with their government owned 
animals and equipment will have begun, and. by May 1 the winter season 
will have come to a close. 

Meanwhile, quests for new lands and new opportunities con- 
tinue • unabated. The boys who served in the Army and Navy find it 
easier now due to recent legislation giving them a preferred right 
of entry on the opening, or, restoration of public lands, to acquire 
government land's' than tney did before they joined the military forces, 
and in many instances tney are taking advantage of their new oppor- 
tunities ; the States, are. finding uses for the unsurvey'ed areas within 
their bounds, and the ever growing interest of the public in general 
in the development of the public domain: is attracting attention to 
the heretofore unsought for areas beyond the limits of existing' sur- 
veys. New applications, for surveys, from both the States and from 
settlers (always an accurate .index of the.. progress" of settlement on 
the unsurveyed public ^oraaln) , now on file in this office, are some- 
what greater in number 'than' at similar periods in recent previous 
years, and as a consequence, a larger new area is now awaiting ex- 
amination in the field and authorization for survey than at any time 
since 1916. 

\7hile the trend, of settlement seems to favor no particular 
locality, but rather is-, general throughout the public land States, 
new settlement on unsurveyed areas -is much heavier in some States 
than in others, Applications for surveys in Arizona', California 
and Nevada especially, are. above the; average- in number, while those 
from most of the other public, land States are about normal. In 
southeastern Oregon an extensive country has been designated for ' 
survey under the second preference named in the appropriation act, 
and- in other States smaller areas of the • same character of lands 
have been and will. be shortly authorized for survey. In- addition 
to these great areas of virgin^ country : that will. be. attended 1 to the 
coming season, the resurvey of many townships in Colorado, Nebraska 
and YJyoming will be executed* There is also every indication that 
the number and extent of fragmentary andspecial surveys,' field ex- 
aminations and investigations, t.ownsits surveys,- and other classes' 
of miscellaneous field work, all under the general appropriation, 
will be as great this season, if not greater, than in former recent 
years. • -. . 

Surveys on Indian reservations will likewise receive their 

-6- 



share of attention this spring and summer* V/ork will be resumed on an 
extensive scale on the Leech Lake Indian Reservation in Minnesota 
at an early date; the partly completed surveys on the Mescale.ro 
Indian Reservation in New' Mexico' will be completed this season; ad- 
ditional work will be done on the Yakima Reservation in V/ashingt on ; 
various forms of surveys will also be executed on the Kiowa and 
Comanche, V/hite Mountain, Navajo, Gila River, Pima, Hoopa Valley, 
Flathead, walker Lake, Siletz and Warm Springs Reservations and 
others, and extensive new work will be initiated on the Piaulapi in 
Arizona and the Cheyenne River in South Dakota, -Indian Reservations. 

The General Land Office is also called upon under the pro- 
visions of existing lav/ to survey such military reservations as may 
be from time to time turned over by the V/ar Department . Such reserva- 
tions ready for survey this spring include Gig Harbor, V/ashington, 
Fort Y/hipple, Arizona, and Proctors Landing, Louisiana. The sur- 
vey of lands within the limits of railroad land grants now in process 
of execution in the field will be continued to completion as weather 
conditions will permit. Also, such surveys and resurveys as may be 
called for under special deposits and the reclamation fund will be 
executed during the year. 

The outlook for a long and busy field season is promising . 
Public land surveys as well as all other forms of surveys with the 
execution of which this office is charged are now current with the 
demand and will be kept current . 

Reproduction of Plats . 

The method heretofore employed in reproducing plats of 
township and mineral surveys by printing copies thereof on tracing 
linen from which blue prints are made has been modified. It was 
found that the surface of the tracing linen failed to absorb the 
ink, with the result that the lines thereon often became blurred 
and not infrequently obliterated altogether, even though carefully 
handled. Under the new method recently put into practice, thin 
v/hite paper is substituted for the tracing linen, from which satis- 
factory blue prints are readily made. 

Fifteen copies of the township plats and ten copies of the 
mineral plats are printed on the thin v/hite paper, additional to the 
customary drawing paper and map paper copies with no increase in cost. 
The offices of Surveyor General receive five copies of the township 
and ten qopies of the mineral plats. 

Camp McClellan Surve y . 

The field notes and plats of the Camp McClellan Military 
Reservation in Alabama, have been completed and are about to be 
taken up for final examination with a view to approval. The survey 
is one of unusual interest. That part of Alabama in which the reser- 
vation is situated was surveyed by the General Land Office in the year 

-7- 



1813, and the lands gradually passed to private ownership. In the. 
year 1917, the War Department selected this site' for military pur- 
poses and purchased for its use something over 23,0C0 acres. Upon 
the request of the 'Jar Department the General Land Office made a re- 
tracement and establishment of the original lines cf survey which 
were identified after exhaustive investigation and properly restored 
and monumented. The section lines of the public land survey were 
then subdivided as necessary to determine and mark the boundaries 
of the parcels of land purchased by the War Department. The plats 
just completed show the technical data of the resurvey extending 
into three townships* Two supplemental diagrams have' been pre^- 
pared showing special detail' relating to fractional sections; 
contour lines are also shown on the general plat at 100 foot 
intervals. The plats will be of inestimable value both to the 
War Department and individual land owners in the neighborhood. 

Re surveys in Florida . 

The resurvey in Florida under the provisions of Public 
Mo. 71, Sixty-sixth Congress, are progressing satisfactorily. This 
resurvey was authorized for the purpose of correcting the original 
township plats with respect to erroneous representation of meander- 
able' bodies of water. In the first township recently completed, 
there were found fourteen large permanent bodies of water, whereas 
the original township plat shows only seven, and in grossly er- 
roneous position. 

Surveys Accepted in February . 

The records show that during the month of February there 
were surveys and resurveys accepted by this office aggregating the 
gratifying total of 688,413 acres. 

Approved Surveys .From 1 915 to 1919 . 

The General Land Office, acting directly and through its 
sub-offices, has approved during the fiscal years 1915 to 1919 in- 
clusive, the survey of 55,375,063 acres of land, exclusive of forest 
homesteads and mineral claims and such miscellaneous surveys as can 
not be measured on an acreage basis. 

In addition to this vast output, 2,839 mineral surveys and 
8,464 mineral. locations, as well as 2,934 forest homestead surveys, 
have been approved during the same period. 



NOTES FROM TIE FIELD SERVICE". 
From Portland : 

Telegraphic advice has just been received that on the even- 
ing of FebruarySOth a jury sitting in the United States District Court 



-8- 



for the Western District of Washington, Northern Division, returned 
a verdict of guilty against Carlos L. Byron and Edward M. Comyns . 
Sentence, however, has not yet been imposed. The indictment in this 
case was returned on July 27, 1913, the defendants being charged .with 
conspiracy to use the United States mails to promote frauds by locat- 
ing people on lands embraced in State and Hyde-Benson lieu selections 
in violation of Sees. 37 and 215 of the Federal Penal Code of 1910. 
The case was first set for trial on January 23, 1919, but was con- 
tinued at the request of the defendants to await action of the Supreme 
Court on another case against them in the state of Washington and de- 
cision by the Circuit Court of Appeals in a case against said Byron 
and one Frank E. Alley brought in the United States District Court 
for the District of Oregon. The trial, as a result of which con- 
viction has just been had, began on February 3, 1920. 



On January 29, 1920, indictments were returned by a grand 
jury sitting in the United States District Court for the Eastern 
District of Washington against Michael J. Maher and Clarence L. Hays, 
Jr., charging perjury in violation of Sec. 125 of the Federal Penal 
Code of 1910. The perjury is charged to have been committed in con- 
nection with the final proof on homestead entry Spokane 07992 of said 
Maher . 



Influenza and smallpox are rather prevalent in Portland 
at the present time. There has been considerable sickness amongst 
the field and office force of this division but apparently no one 
has yet suffered from either of the above mentioned diseases. How- 
ever, one member of the field force was put in quarantine for a 
time because of influenza in his family, and smallpox has broken 
out in the home of one of the members of the office force. 

Santa Fe :. 

Editor Bulletin - 

You know that I always read the Bulletin while I was in the 
office at Washington, and appreciated it then, and besides I wanted 
to see that you did not cut too many of the Field Service items, but 
I want to assure you that I read the Bulletin now, not only once but 
several times, because I feel it contains up-to-date information that 
we need here . 

Sometime ago a local attorney came into the office with a 
newspaper clipping referring to the Elk Hills case, and wanted to 
know where he could get full information relative to the matter. 
I msrely handed him the Bulletin for December. He was delighted 
and said it was just what he wanted. Now if you want a cash sub- 
scriber, I will be glad to furnish his name, expecting, of course, 
my usual commission. 

Cordially yours, 

JOHN T. MURPHY, 

Chief, Santa Fe Fi el d Division. 



FIELD SERVICE COURT DOCKET 

FEBRUARY . ' •-' .,:''.'. " 

One suit won in Arkansas and one in Montana for timber 
trespass on the public domain and fine of 0^50 paid in compromise. 

.1207 acres recovered through suit to vacate patents in 
New Mexico. 

. Two indictments in Oregon for perjury; two indictments 
for perjury in Y/ashihgton. ' , ' ". 

Verdict of guilty ' reported against Byron and Comyns, for 
using mails to defraud, in Y/ashington, February 20, 1920. 

Conviction for forgery reported in New Mexico and fine of 
C200 paid, together with costs 0700.41. 

Under date : of February 18, 1920, the Department of Justice 
advised as follows"; 

. • .. ■ \3 . - v 

On February 7, 1920, a decree' was ' rendered in favor of the 
Government in equity case No., 53, United States v„ Chicago Mill and 
Lumber Company et ai .» , pending in the United States District Court 
for the Eastern District of Arkansas.,. Under- the terms of the decree 
title to 22,514.02 acres is quieted in the plaintiff. 



-10- 



RESTORATION OF OREGON AND CALIFORNIA 
RAILROAD GRANT LANDS - INFORMATION. 

The area of lands of class three restored to homestead entry 
by the order of Secretary Lane exceeds somev/hat 360,000 acres. Par- 
ticular attention, however, is called to the fact that while classified 
as agricultural under the law, considerable portions of these lands are 
not adapted to cultivation. 

The time when settlers who resided on such lands since Dec- 
ember 1, 1913, must exercise their preference right of entry begins 
9 o'clock a.m. April 12, and ends 4:30 p.m., May 8, 1920. 

Qualified persons who performed military or naval service 
during the war with Germany and who were honorably separated or dis- 
charged from such service, or were placed in the Regular Army or Naval 
Reserve, are given, under the provisions of House Joint Resolution No. 
20, approved February 14th, a preference right of sixty days within 
which to make homestead entry on said lands. The period of such 
preference right begins May 10th and ends July 8., 1920. Beginning 
at 9 o'clock a.m. April 12, persons entitled to the provisions of 
H. J. R. 20 may file application under the homestead law. in the land 
district in which the land is situated. Such applications -will be 
subject to the preference right applications of settlers who main- 
tain their residence on the lands since December 1, 1913. All ap- 
plications by qualified persons under H. J. R. 20 filed after 9 o'clock 
a.m.-April 12, and before 4:30 p.m. May 8, 1920, will be-treated as 
filed simultaneously, and where not in. conflict with settlers' pref- 
erence right applications^ or with each other, will be allowed on May 
10th. Such applications will be rejected if in conflict with entries 
or applications by preference right settlers, and if in conflict with 
each other a drawing will be held on May 14th, to determine such con- 
flicts . 

Lands not applied for or entered by preference right settlers, 
or by those entitled to preferences under H.J.R. 20, will be subject 
to entry under the general provisions of the homestead law as modified 
by said act of June 9, 1915, on and after July 9, 1920. 

••The greater portion of the land is situated in the R.oseburg, 
Oregon, land district. Small portions are in the Lakeview and Portland, 
Oregon, and Vancouver, V/ashington, land districts. 

Copies of regulations and schedule of the land will as soon as 
printed be furnished- : by the Commissioner of the General Land Office on 
request . 



-11- 



REGULATIONS GOVERNING RESTORATION OF A 
PORTION OF THE LANDS TITLE TO .TftiXCH WAS 
REVESTED IN THE UNITED STATES EY THE ACT 
APPROVED JUNE' 9, 19l6 (39 STAT., 213). 

DEPARTMENT OF THE ' INTERIOR 

WASHINGTON February 24, 1920 I ' , 

The Superintendent of Sale, .-••,■,., , 

Oregon & : California Railroad Grant Lands . 

Sir: 

'•!" The act approved. Jurie" 9 , 1916 (39 Stat., 218), revested in 
the United States "the title to what are known as , the Oregon and California 
Railroad Grant lands; required that such lands, after examination in the 
field, be classified as - class one, powersite lands -- class two, timber- 
lands - class three, agricultural lands; provided for the reservation, 
subject to additional legislation, of lands of class. 1-; extended pref- 
erence rights of entry to qualified persons, who since December 1, 1913, 
resided on lands of classes two and, "three, under the conditions therein 
prescribed; and authorized the restoration of lands of class three under 
the general provisions of the homestead laws as modified by said act. 

.Pursuant to the a'uth'ority of said act, it is directed that all 
such lands of class three de'-scribed in the attached list, and all sur- 
veyed lands of classes two and three to which a preference- right of entry 
attached, and is still existent, under the provisions of the said act 
of June 9, 1916, whether included in such list or otherwise, situated 
in the Vancouver, Washington, Portland, Roseburg, and Lakeview, Oregon, 
land districts, be restored to entry and settlement under the general 
provisions of the homestead laws as modified by said act, and subject 
to the preference rights conferred by said act and House Joint Resolu- 
tion No. 20, giving to discharged soldiers, sailors, .and marines a pre- 
ferred right of homestead entry, approved February 14, 1920, in the man- 
ner hereinafter indicated, and not otherwise. Provided, that if the 
settlers on lands of class two shall not avail themselves of the pref- 
erences to which they are. entitled, the lands thereby affected shall 
not be otherwise subject to disposition hereunder,. 

SECTION 1. Explanation of ''Words and Terms Used Herein . 

To avoid repetition, and for a full understanding thereof, the 
following words and terms, as hereinafter employed, unless otherwise in- 
dicated by the context, shall be construed to mean: 

"general law" * Sec. 2289 R. S., as amended and as modified by 

-12- 



the act of June 9, 1916 (39 Stat., 218) . 

"the proviso" - The proviso to Seco 5 of the act of June 9, 
1916 (39 Stat,., 213), extending preference rights under the conditions 
and limitations therein provided, to qualified persons who since Dec- 
ember 1, 1913, resided on lands of classes two and three. 

"H.J.R. 20" - House Joint Resolution No. 20, approved Feb- 
ruary 14, 1920, giving to discharged soldiers, sailors and marines a 
preferred right of entry. 

"minor soldier" - A person under twenty-one years of age 
at the date of executing his homestead application, who served in the 
Army, Navy or Marine Corps of the United States during the war with 
Germany, and who was honorably discharged or separated from such ser- 
vice, or was placed in the regular Army or Navy Reserve, and who did 
not refuse to perform such service or to wear the uniform thereof. 
See eighth section of the act approved August 31, 1918 (40 Stat., 
955); Joint Resolution amending said Sec 8, approved September 13, 
1918 (40 Stat,, 960); Departmental regulations under said Sec* 8 as 
so amended, of October 9, 1918, circular 622, (46 L. D., 451); and 
H. J. R. 20. 

"application" - A homestead application under Sec » 2289 R.S., 
as amended, and as modified by the act approved June 9, 1916 (39 Stat., 
218), on the usual form, and accompanied by all payments required; 
whether under the' general law, theproviso, H.J*R- 20, or by a minor 
soldier, there must be included therein or be attached thereto,, a 
sworn statement executed before an officer authorized to administer 
oaths in such cases, setting forth all the facts essential to the 
allowance of such application. 

"declaratory statement" - A declaration under oath, ac- 
companied by the proper payments, by a person entitled to exercise 
the right, that he intends to enter the described tract of land under 
the provisions of the homestead laws. Under Sees. 2304, 2307 and 
2309 R. S., as amended, an officer, soldier, sailor, seaman or marine, 
who served for net less than ninety days in the United States Army or 
Navy during the Civil Y/ar, the Spanish-American War, or the Philippine 
Insurrection, and who was honorably discharged, and if he be dead, 
his widow if unmarried, and in case of her death or remarriage, his 
minor orphan children by guardian duly appointed, may file such a 
declaratory statement, either in person, or by agent ; and under the 
provisions of the act of February 25, 1919 (40 Stat,, 1161), the 
officers, soldiers and nurses of the Army, and sailors, seamen, 
marines, nurses and officers of the Navy and Marine Corps of the 
United States, who served for more than ninety days in the Army or 
Navy in connection with the Mexican Border operations, or during the 
war with Germany and its allies, may file such declaratory statements 



-13- 



in person, but not by agjsnt. Particular attention is directed to the 
fact that the preference rights conferred by the proviso, and by H.J.R. 
20 can not be supported by declaratory statements, bet must bo protected 
or exercised through homestead applications » Such declaratory state- 
ments should, therefore, not be filed until the land becomes subject to 
disposition under the general law, 

The words' "off icers, soldiers, sailors aad marines," as em- 
ployed in H.J.R. 20, are generic terms, and embrace privates, seamen, 
nurses, and all other persons, male or female, who by enlistment or 
otherwise were regularly enrolled in the Army, Navy, or Marine Corps 
of the United States, and who could. nt)t voluntarily terminate such 
service, but does not include civilian employees, or officers, nurses, 
or members of other organizations not so enrolled in the Army or Navy. 

SECTION 2 * Pay ments R equired with a ll Classes of Ap plications, and 

( a ) ^E33ii£3iii223iSi A ? eQ of Five Dollars, if the area be 
less than 81 acres, and Ten Dollars if 81 acres or more; commissions 
at the rate of three per cent on lands at $.2«50, P or acre, or a flat 
rate of seven and a half cents per acre; and in addition thereto, 
fifty cents per acre for the area embraced ir. the application, as. 
first installment of the purchase price of the land, must be paid. 

(h; dec larat ory Statem ents » There mast accompany a declaratory 
statement, which may be filed after the land becomes subject to dis- 
position under the general law, a filing fee of >')3 .00 and a sum equiv- 
alent to fifty, cents per acre for the area included in such statement; 
and if an entry is made pursuant to such statement, the fee and com- 
missions required with other applications must be paid, and the moneys 
deposited with the declaratory statement as the first installment of 
the purchase price, will be applied • 

SECTION 3. Execution an d Presentation of Applications and Declaratory 
Statement s * 

(a) Any application, except that by a minor soldier, must 
be sworn to by the applicant before the register ar receiver of the 
United States Land Office for the district in which the land is situ- 
ated, or before a United States Commissioner, or judge, or clerk, of 
a court of record, residing in the county in which the land is situa- 
ted, or before any such officer who resides outside the county and 
in the land district, and is nearest or most accessible to the land. 
After an application has been so executed, it may be presented to the 
register or receiver of the proper land office in person, by mail, or 
otherwise. No person' shall have pending more than one application. 

(b) Declaratory statements filed in person must be executed 
before one of the officers and may be filed in the manner indicated 
for the execution and filing of applications. Where filed by an agent, 

-14- 



a soldier may execute the power of attorney before any officer of the 
United States having a seal and authority to administer oaths, but 
the agent's affidavit must be executed before one of the foregoing 
officers . 

(c) A minor soldier may execute his application before any 
officer authorized under the laws of the state of Oregon to administer 
oaths. Among those qualified may be mentioned, notaries public or 
clerks of courts of record in the United States, and diplomatic or 
consular officers of the United States. (in connection with the ap- 
plications of minor soldiers ^ particular attention is invited to the 
limitations and conditions attaching to entries' made thereunder by 
Joint Resolution approved September 13, 1918 (40 Stat., 9 60), and 
Departmental regulation, circular 622, (46 L. D., 451). 

SECTION 4. Preference Rights Under the Proviso . 

(a) Filing: Application . An application for a preference 
right under the proviso must be filed in the land office in which the 
land is situated, on or after 9 a.m., standard time, April 12, and 
prior to 4:30 p.m., standard time May 8, 1920, and unless eo filed all 
rights under the proviso will be forfeited. 

(b) Showing Required . The prior exercise of the homestead 
right by any such applicant will be no bar to entry but with this ex- 
ception — such person must make the same showing required of other 
applicants under the general law. A person entitled to a preference 
right under the proviso may enter lands of either class two or class 
three, but not of class one. The exercise of the right is limited to 
the quarter-section upon which such person has resided. He can not, 
therefore, embrace in his application lands of more than one quarter- 
section. If the quarter-section upon which he has resided contains 
no more than 1,200,000 feet, board measure, of timber, he must enter 
the entire quarter-section. He can not select therefrom the desirable 
subdivisions and leave unentered any portion thereof. If such quarter- 
section contains more than 1,200,000 feet, board measure, of timber, 

the right is limited to the tract or lot or lots containing approximately 
40 acres upon which the principal improvements of the settler are situ- 
ated, and he may enter no more. He must file with his application to 
enter, and make a part thereof, his sworn statement showing that since 
December 1, 1913, he has resided on the tract applied for at least 
seven months in each year, and that he has improved the land, and has 
devoted some portion thereof to agricultural use;and he must describe 
such improvements and indicate such agricultural use and the area so 
affected; and where the entry is sought for land containing more than 
1,200,000 feet, board measure, of timber on the quarter section, he 
must isrhow that his principal improvements are situated on the tract or 
lot or lots containing approxi ma "tely 40 acres applied for. Y/hile a pref- 
erence right settler under the proviso must protect his rights by an 
application to enter, and not by filing a declaratory statement, he 
may, if otherwise entitled thereto, and he has entered the military 

-15- 



or naval service of the United States, avail himself of the applicable' 
privileges conferred by Chap c 420, Joint Resolution approved" August 29, 
19j6 (39 Stat«, £ 7 J. ) , and the acts approved July 28., 1917. (40 br,:.t;„, 
248), October 6, 1917 (40 Stat. , 391 1, December 20, 12 Vi (40 Stat, 
430), and March 8, 1916 (40 Stat., 440). 



"J 3 



( c ) Disposition of Applicat ion s. Applications under the 
proviso will be examined a.:id acted upon by the register and re.ce5.ver 
as soon after their receipt as may be. They will be allowed, rejected, 
or suspended, as the facts ma/ warrant. An application meeting all 
the requirements herein 1 f or lards of class two or class three 3iri.ll be" 
allowed* An application, materially defective in substance', or not ac- 
companied by proper payments, or for unsurveysd lands, or for lands 
the title to which is covered by an outstanding contract,' or for lands 
classified in class' one, will 'be rejected^ An application accompanied 
by the proper payments and the showing entitling the person filing it 
to a preference right, will be suspended if the land embraced therein 
has not been classified, or the title thereto is in dispute, or is in 
process of adjudication. •■'•.- 

Cd') Fi n al Proof a After entry, a preference right claimant 
under the proviso must comply with the law in the 'mariner required of 
other entrymen., but he nay submit proof at any time when he is able 
to show that he is entitled to final entry „ 

SECTION 5. Preference Rights Under H.J.R.20. 

(a) Units*, To avoid confusion in the disposition of the 
applications, and to provide equal opportunity, as far as may be, 
the lands of class three affected hereby have been arranged into 
units of approximately 160, 120, 80 and 40 acres, respectively, and 
all persons, excepting those asserting preference rights under the 
proviso, shall prior to May 22, 1920, observe such units in filing 
their applications to enter. No person will be allowed to embrace 
in his application the lands in more than' one unit, nor leave un- 
entered any portion of the unit invaded. A person who, under the. 
law, must restrict his application to less than 160 acres, or who 
desires to enter a less quantity, ' must select a unit conforming in 
area to his qualifications Q^dj53iares c 0n and after '9 o s clock a a m, " 
standard time. May 22, 1920, any lands of class three restored here- 
under may be entered in the form authorized by the homestead laws, 
without reference to the units designated herein, 

(b) Pres e ntation of Applications., Any person qualified 
under the general law, and who is entitled to exercise the preference 
right- conferred "fry H.J.R* 20, may, on and after 9 o'clock a.m* 
standard time, April 12, 1920. execute and present his application 

to the local office for the district in which the land applied for 
is situated-. Such application will be subject to the rights of thc^ 
preferred claimants under the proviso. 

-16- 



(c) Showing Required . Any person seeking to avail himself of 
the special privileges conferred by H.J.R. 20, must show either as a 
part of his application, or by an accompanying statement sworn to be- 
fore an officer qualified to execute homestead applications hereunder, 
that he served in the United States Army, Navy, or Marine Corps on and 
after April 6, 191V, He must give the approximate period of sorvide, 
and name the unit or units in which such service was performed, and 
that on (stating date;, he was honorably separated or discharged, from 
such service, or placed in the regular Army or Navy Preserve, and that 
he did not refuse to perform such service or to wear the uniform "thereof 
He should attach to his application a copy cf his honorable discharge 

or separation, or the order placing him in the regular Army or Navy- 
reserve, as the case may be, certified as correct by an officer with, 
a seal, but he will not be required to file the original order of dis- 
charge or transfer. A minor soldier must show in addition to the above, 
that he was under 21 years of age at the date cf the execution of his 
application. 

(d) Dispos ition of Ampli cations . All applications presented 
hereunder received by the register and receiver on and after 9 o'clock 
a.m., standard time, April 12, 1920, and prior to '4:30 par.., standard 
time, May 8, 1920, shall be treated as filed simultaneously, and where 
there is no conflict such application, if in proper form and accompanied 
by the required payments, will be allowed, on May 10, 1920. If such 
applications conflict in whole or in part, the rights of the respective 
applicants will be determined by a public drawing, to be conducted under 
the supervision of the Superintendent of Sale, Oregon and California 

R-, R.. grant lands, at the United States land offices 5 n which the land 
is situated, beginning at 10 o : clock" a'.nu- on May 14, 1920. The names 
of the persons who presented the conflicting applications will be - 
written on cards, and these cards shall be placed in envelopes upon 
which there are no dlstih^+ive or identifying marks. The envelopes 

shall be thoroughly and impartially mixed, and after being mixed 'shall 
be drawn one at a time by some disinterested person. As the envelopes 
are drawn, the cards shall be removed and numbered, beginning with 
number one, and fastened to the applications of the proper persons, 
which shall be the order in which the applications shall be acted 
upon and disposed. of . If an application can not be ailcwed for any 
part of the land applied for, it shall be rejected. If. it may be 
allowed for a part i but not for all the land applied for, the appli- 
cant shall be allowed thirty days from receipt cf notice within which 
to notify the register and' receiver what disposition to make thereof; 
during such time he may request that his application be allowed for 
the land not in conflict, and rejected as to the land in conflict,' or 
that 'it be rejected as to all the land applied for; or he may apply 
to have the application amended to include ether lands which are sub- 
ject to entry, and to inclusion in his application, provided he is the 
prior applicant, If an applicant fails to notify the register and re- 
ceiver what disposition to make- of the application, it will be rejected 
as to all the land applied for. Applications presented after May 8th 
will be received and noted in the order of their filing, and will be 

-17- 



acted upon and disposed of in the usual manner, after all such applica- 
tions presented on or before that date have been acted upon and dis- 
posed of . 

(e) Dispos it ion of Mon eys. Moneys tendered with applica- 
tions on or before May 8th will be deposited by the Receiver of the 
local land office to his official credit, and properly accounted for. 
V/hen a homestead application is allowed in whole or in part, the sums 
required as fees, commissions^ and purchase money will be properly " 
applied, and any moneys in excess of the required amount will be re- 
turned to the applicant. Moneys tendered with applications which are 
rejected in whole will be returned. If an applicant fails to secure 
all the land applied for, and amends his application to embrace other 
lands, the moneys theretofore tendered will be applied on account of 
the required payment under the amended application. If it is not suf- 
ficient the applicant will be required to pay the deficiency, and if 
it is more than sufficient the' excess will be returned. Moneys re- 
turned to applicants will be by official check of the Receiver, 
Moneys tendered with applications presented after May 8th will be 
dleposited by the Receiver in the usual manner. 

( f ) Termination o f Pref eren c e Right Period under H.J.R.20 . 
The sixty-day preference right, period provided by H. H.'R. 20 begins 
on May 10th, the first day on. which applications thereunder may be 
allowed, and terminates on July 8, 1920. 

SECTION 6. Applications Under the General Law . 

Beginning 9 o'clock aja., standard time, July 9, lands of class 
three restored hereunder will become subject to disposition under the 
general law. To the end that the applications and declaratory state- 
ments under the general law may be disposed of in an orderly manner, 
such applications and declaratory statements may be filed in the of- 
fice 6£ the district in which the land is situated, on and after July 
1, 1920, and such applications and declaratory statements, together 
with those filed or presented at 9 o'clock a.m., standard time July 
9, shall be treated as filed simultaneously and disposed of in the 
manner required by Section 5 ( d) hereof, the drawings, if necessary 
hereunder, to be conducted at the several land offices beginning at 
.10 o'clock a. m., standard time, July 12. Applications and declara- 
tory statements under the general law will be rejected if found to 
conflict with entries or applications under H. J. R. 20 filed prior 
to July 9. T/hen the lands become subject to entry under the general 
law, those entitled to preference rights under the proviso or H.J.R. 
20, and who failed to avail themselves of such preference rights, may 
proceed on terms of equality with other qualified persons. Moneys 
deposited with declaratory statements as part of the purchase price, 
will, if such declaratory statements are allowed, be retained until 
such time as entry may be made thereunder, a ni if no entry be made 
within the time prescribed by law, such moneys will then be returned. 



-18- 



SECTION 7. Settlement Before Entry , 

On and after 9 o'clock a.m., 'standard time, July 13, 1920, 
rights to lands of class three restored hereunder may be initiated by 
settlement before entry, in the manner recognized by the general pro- 
visions of the homestead laws. 

SECTION 8. Compliance V/ith Law After Entry - Final Proof . 

Section 2301 R. S. does not apply„ and no entry made under 
the provisions of thee act of June 9, 1916 (39 Stat., 218), may be com- 
muted. No patent will be issued until the entryman can show that 'he 
has resided on the land for three years, in the manner required by the 
homestead laws, and has cultivated a sufficient area thereof to dem- 
onstrate his good faith. Such an entryman may apply military or naval 
service in lieu of such residence, to the extent authorized by the 
homestead laws, and he may otherwise enjoy the privilege accorded to 
other entrymen under such laws. The act approved February 25, 1919 
(40 Stat., 1161), extends the privisions of Section 2305 R. S., touch- 
ing credit for military service in lieu of residence under the home- 
stead law, to all such service rendered in connection v/ith the Mexican 
Border operations, or during the war with Germany and its allies. 

SECTION 9 . Contests . 

Entries hereunder, whether allowed under. the proviso, H.J.R. 
20, or the general law, will be subject to contest for any reasons 
affecting their legality, in the same manner that has been or may be 
provided hereafter for other entries under the homestead laws . 

SECTION 10, Final Payments . 

u"hen final proof is submitted, the entryman must pay final 
commissions at the rate of three per cent on lands sold at 02*50 per 
acre, and the last installment of the purchase price, to-wit: 02.00 
per acre for the area included in the entry. 

Very respectfully, 

CLAY TALLMAN, 

Commissioner. 
Approved: 

Franklin K. Lane 

Secretary. 



-19' 



MAP OF LANDS RESTORED. 

A map of the Oregon and California Railroad lands' has been 
•prepared for the use of applicants, showing the greater part of the 
tract' units classified as agricultural lands subject to application 
under the homestead laws in accordance with the present order, at 
the United States land office at Roseburg,' Oregon. A small number of 
tracts within the Lakevicw,. Oregon, land district, and Vancouver, 
Washington/ land district, are not shown on this map,' as well as a 
few tracts embraced in the former openings at Roseburg and Portland 
but since classified as. agricultural , but all these lands are duly 
shown in the schedule J 

The area covered by this map is shown as map No. 3, in the 
diagram on the adjoining page. . 



-20- 



DIAGRAM SHOWING AREA OF MAPS 
OREGON AND CALIFORNIA R.R. LANDS, OREGON 




C A L O R N A 



OrENING OF LANDS 
TO ENTRY UNDER THE RECLAMATION ACT 

North Platte Proj ect 

WYOMING: 

About 10,000 acres, in Goshen County, will be open to hone- 
stead entry, subject to the Reclamation Act, at U. S. land office at 
Cheyenne, beginning March 5, 19,10, 9 a-rn*. to persons holding ap - 
proved water- rental applications ;* Applications for water rights on 
a rental basis may be filed with the Project Manager, U» S. Reclama- 
tion Service, at Torrir.gt on /Wyoming, in person, by mail, or other- 
wise, from February 28 f 1920. inclusive, to March 5, 1920, at 9 a.m., 
and such applications must be accompanied by an initial payment of 
05.10 per irrigable area, which will be credited upon the minimum ' 
water- rental charge of Ol "70 per irrigable acre, for the years .1920, 
1921 and 1922. Fences and irrigation di T -ches have been constructed 
upon seme of the farm units, and the cost thereof must be paid by 
the successful applicants to the Special Fiscal Agent, U. S. Recla- 
mation Service, before the water-rental applications will be approved. 

Under the terms of H. J. Resolution No. 2'0, approved 
February 14, 1920, the dates of opening above specified are ap- 
plicable only to 6y-servi.ee men. of the World War; and the date of 
o p e ni n? . to t he _g_s_ n oral__ py blip of any lands which may remain un- 
entered, will be u pon the expirat io n o f_J5 days after Ma. re h 5, 1920. 



OPENING OF LANDS 
SUBJECT TO ENTRY UNDER RECLAMATION ACT 



Shoshone Project 



WYOMING : 



Approximately 5,000 acres in Townships 56 and 57 N., ^ . 98- 
W.j 6th P. 1.1., Park County, Wyoming, open to homestead entry at the 
district land office, Lander, subject to the terms of the Reclamation 
Act, beginning March 13, 1920, at 9 a.m., to persons holding approved 
water right applications. Applications for water right may be filed 
with the Project Manager, U. S. Reclamation Service, at Powell, Wyoming, 
in person or by mail, from March 9, 1920, to 9 a.m., March 13, 1920. 
Persons filing water right applications by -mail, or otherwise than 
in person must make necessary arrangements for notification in the 
event of being the successful applicant for a farm unit. Water right 
applications received after the four-day period will be filed and 
noted in the order of their receipt. The construction charge shall 
be 095 per irrigable acre; five per centum of the construction charge 
shall be paid at the time of filing water right application, and the 
remainder in 15 annual installments. There is also an annual opera- 

-21- 



tion and maintenance charge against each irrigable acre. However, 
under the terms of H. J. Res. 20, which has now become lav/, the dates 
above mentioned are applicable only to &x-service men of the World War t 
and the opening to the general public of any lands' which remain un- 
entered will be upon the expiration of 60 days after March 13, 1920. 



SALE OF CHEYENNE RIVER AND STANDING ROCK 

INDIAN LANDS. 

On February 27, 1920, Secretary Lane directed the offering 
at public sale of 165,000 acres of land within the former Cheyenne 
River and Standing Rock Indian Reservations, North' and South Dakota. 
The lands are appraised at prices ranging from 0-50 to $6*00 per 
acre and will be sold to the highest bidders, at public out -cry, at 
not less than the appraised prices, The lands in the Lemmon, S=,uth 
Dakota,, land district will be offered for sale at Lemmon, commencing 
May 27, 1920, and those in the Timber Lake, South Dakota, land dis- 
trict, at Timber Lake, commencing June 1, 1920. There is no limita- 
tion on the amount any person may purchase, provided he is the 
highest bidder, and purchasers will not be required to make any 
showing as to qualifications or to furnish proof as to the character 
or condition of the lands. Purchasers may pay all cash for the lands 
at the time of sale or one-third down and the balance in two equal 
annual installments, with interest at the rate of 5% per annum. 
Some of the lands are adapted to the growing of agricultural crops 
and may be developed into desirable farms and most of the 'lands not 
adapted to such use are highly desirable for grazing purposes. 



■22- 



NATIONAL FORESTS AND' MONUMENTS 

By recent proclamations of the President, two national 
forests have been established and one enlarged in the Appalachian 
region under the act of March 1, 191}, (36 Stat., 96l), generally 
known as the "Weeks Law." The new national forests are the Boone 
and Nantahala in North Carolina, and the Shenandoah, in Virginia 
and West Virginia, has been considerably enlarged. These forests 
are established after a sufficient nucleus has been purchased, and 
their exterior boundaries inclose other lands in process of being 
acquired or under consideration with a view to purchase. 

A tract of a little over 2,000 acres in western Nebraska " 
has recently been set aside as a national monument. This area con- 
tains Scotts Bluff, the highest point in the state, and Mitchell 
Pass which was traversed by the old Oregon Trail of the immigrant 
and homeseeker to the Northwest, The Gran Quivira National Monu- 
ment in central New Mexico has been enlarged by 400 acres, which 
contains ruins of archaeological value. A ten-acre tract on the 
eastern slope of the Sleeping Ute Mountain in Montezuma county,' 
Colorado, upon which there is an imposing prehistoric structure, 
has been donated to the United States for a monument and set aside 
by recent proclamation as the Yucca House National Monument. 



STOCK DRIVEWAYS 

Since the last Bulletin was issued another stock driveway 
has been established in Wyoming, in the Lander land district, two 
stock driveways in that State and two in Utah have been modified, 
and a small area released from temporary driveway withdrawal in Utah, 
The total area withdrawn for driveway purposes during this period is 
50,439 acres, and that released aggregates 7,773 acres. 



RESTORATION TO ENTRY 

UTAH: 

.•5,000 acres in scattered tracts in Sevier, Wayne, Kane, 
Beaver, Piute and Tooele counties, Salt Lake City land district, 
Utah; released from stock driveway withdrawal February 6, 1920, 
subject to disposition on that date under applicable land laws. 
They are generally mountainous grazing lands, and 1,281 acres thereof 
have been designated under the Enlarged Homestead Act. 

TO MAKE YOUR FUTURE SAFE 

It ; :is what you save, not what you earn, that insures your 
prosperity and happiness in the years to come." 

Save regularly, and make your savings loss-proof, by 
buying War Savings Stamps at Post Office, Bank, or Authorised 
Agency. They can always be cashed for more than you paid for 
them f 

-23- 



Circular No. 668 . 

.. DEPARTMENT OF THE INTERIOR 

•', . ,' GENERAL LAND OFFICE 

I'-!' ' WASHINGTON .: February 21, 1920. 

REC-ULATI'ONS FOR THE SALE OF 
ABANDONED- MILITARY RESERVATION AT BATTON ISLAND. 



Register and Receiver^ 
Sirs 



Gainesville, Fieri da. 



The Abandoned Military Preservation at Battbn Island, embracing 
1110,49 a.cres, appraised at $5., 377.94 shown as legal subdivisions on 
the plats of survey. of T'.« l'S.,.Rs. 23 and 29 E., Tallahassee Meridian, 
approved February 26, 1913, will be offered for sale under the pro- 
visions, of the act of; July 5, 1884 (23 Stat., 10.3), under the super- 
vision of. Robert \T, Davis, Register of the?U. SI Land Office, Gaines- 
fille, Florida., for cash -at not- less than, the appraised values to the 
highest bidders at the Secretary's office, second floor, Chamber of 
Commerce, northwest corner Main and Adams Streets, Jacksonville, 
Florida, commencing at 10 a.m.,. May 10, 1920. 

.....The appraisement of the said legal, subdivisions-, hereby approved, 
is as follows: . v ' . . ■■• ,.'..' ■ ' • 

De-scrip- Sec. Tpv-R. No. of Character Value Total 

■• tion. _jv Acres. of la nd.. pe r acre . Val ue . 

Lot 1 7 IS. 29 E. 6.43 Mainly -swamp, 

some hammock $25.00 §160.75 

Lot 2 7 1 S. 29 E.11.74 Mainly swamp, 

some hammock 10.00 117.40 

Lot ,3 .7 IS. 29 E.. 21.00 Mainly ^ swamp, 

• ,. ."..;'' some- hammock - 

1 S. 29, E. 15.64 Syamp 

1 3. 29 E. 16.81 Swamp 

1 S. '29 -E. 50.20 Swamp 

1_S.' 29 E. 53.10 Swamp' 



. -24-. 



Lot 


1 


13 


Lot 


2 


18 


Lot 


3 


18 


Lot 


4 


13 



10.00 


210.00 


1.25 


19-65 


1.25 


21.01 


1.25 


62.75 


1.25 


41.37 



Lot 7 


13 


Lot 1 


19 


Lot 2 


19 



Descrip- Sec. Tp . R. No . of Character Value Total 
„, tion. Ac r ss . of land . p er acre . VcLlue 

Lot 5 13 IS. 29 E. 31.9 2 Mainly swamp j 

some hammock 2.00 63.84 

Lot 6 18 1 S. 29 E. 40.64 Mainly swamp, 



1 S . 29 E . 48 .15 
1 S . 29 S . 40 .04 
1 S. 29 E* 24.00 



Lot 3 19 1 S, 29 E. 48.06 

Lot 4 19 1 S. 29 E. 40.06 

Lot 5 19 IS. 29 E. 32.39 

Lot 6 19 IS. 29 E. 37.86 

Lot 7 19 1 S . 29 E . 39 .89 

Lot 8 19 1 S. 29 E. 20.73 

Lot 9 19 1 S. 29 E. 4.23 

1 S, 29 E. 28.9 4 

1 S. 29 E. 40.06 

1 S. 29 E. 39 .05 

1 S. 29 E. 5.53 

1 S. 28 E. 40.06 

1 S. 28 E. 29.28 

1 S. 28 E. 48.82 



Lot 


10 


19 


Lot 


11 


19 


Lot 


12 


19 


Lot 


13 


19 


Lot 


1 


24 


Lot 


2 


24 


Lot 


3 


24 



come hammock • 


2.00 


81.28 


Swamp 


1.25 


60.19 


Swamp 


1.25 


50.05 


Swamp, and .very 


- 




narrow strip 






of hammock. .:'. 


1,50 


35.00 


Swamp and 






hammock 


20.00 


961.20 


Swamp and 






hammock 


20.00 


■• 801.20 


Swamp and 






hammock 


20.00 


647 .80 


Swamp and 






hammock 


6.00 


227.16 


Swamp and 






hammock 


10.00 


398.90 


Swamp and 






hammock 


25.00 


518.25 


Swamp and 






hammock 


25.00 


105.75 


Swamp 


1.25 


36.17 


Swamp 


1.25 


50.07 


Swamp 


5.00 


195.25 


Swamp 


1.25 


5.91 


Swamp 


2.00 


80.12 


Swamp 


1.25 


36.60 


Swamp 


1.25 


61.02 



■'25- 



Descrip- 




tion. 


Sec 


Let 4 


24 


Lot 5 


24 


Lot 6- 


24 


Lot 7 


24 


Lot 8- 


24 


Lot -9 


24 


Lot 10 


24 


Lot 11 


24 


Lot 12 


u 



No . of 
Tp . R . Acres . 



Character- 


Value 


- iota.1 


• of land. 


per Acre . 


Value.. 


Swamp > • 


- 01.25 


050.07 


Swamp 


1.25 


50.07 


Swamp 


1.25 


50.07 


Swamp - 


5.00 


151.25 


Swamp ■ 


5.00' 


74.10 


Swamp ■ 


5.00 


152.15 


Swamp 


5.00 


200.30 


Swamp - 


1.25 


50.07 


Swamc 


1.25 


50.07. 



1 S. 28 E. ''40.06 

S. 28 E. 40.06 

IS. 28 E. 40.06 

1 S. 23 S. 30.25 

1- S. 28 E. 14.32 

1 3. 23 E. 30.43 

IS. 23 E. 40.06 

1 S. 28 S» 40.06 

1 S. 28 E. 40.06 

The Register may in his discretion, offar the said lots for sale as 
separate parcels or he may dispose of them as a single unit. 

Bids may be made either in person or by agent but will not be re-* 
ceived through the mail. Purchasers will not be required to show 
qualification as to age or citizenship or to make any showing as to the 
amount or character of public lands theretofore acquired by them under 
any law. 

Payment for the lands must be made by certified check made payable 
to the "Receiver, U. S. Land Office, Gainesville, Florida/' The check 
must be delivered to the Register, who will issue receipt therefor. A 
further receipt will later be issued by the Receiver. 

The Register is hereby authorized to prescribe such rules therefor, 
not in- conflict herewith, as the exigencies may require, and he may at 
any time suspend or indefinitely postpone the sale or a,djourn it to such 
time or place as he may deem advisable, and he may reject any or all 
bids which, in his opinion, are less than the actual cash value at which 
any of the lands offered should be sold. • 

All persons are warned against entering into any agreement, combina- 
tion or conspiracy which will prevent any of said lands from selling ad- 
vantageously, and all persons so offending will be prosecuted criminally 
under section 59 of the Criminal Code, which reads: 

"Ti/hoever, before or at the time of the public sale of any 
of the lands of the United States shall bargain, • contract , 
or agree, or attempt to bargain, contract, or agree with 



~ ,: o - 



any other person, that the last named person shall not 
bid. upon or purchase the land so offered for sale, or any 
parcel thereof ; or whoever by intimidation, combination, 
or unfair management shall hinder or prevent, or attempt 
to hinder or present, any person from bidding upon or 
purchasing any tract of land so offered for sale shall be 
fined not more than one thousand dollars, or imprisoned 
not more than two years, or both." 

Very respectfully, 

CLAY TALLMAN, 

Commissioner. 

Approved: 

ALEXANDER T. VOGELSANG, 

First Assistant Secretary. 



TOWNSITES 

N ewell. South Dakot a* 

October 1, 1919, at a public sale of lots in the townsite 
of Newell^, in the Belief ourche Irrigation p rcjeci ? South Dakota,' 
0.13 ..9 30 was realised under the act of September B. 1916 (39 Sist'». 
852>. Said act required the realization from the public saissin 
said town of 015,000 to-be devoted to improvements' in the Town, and 
all unsold lots rfter the rs^li^acion of ' said 815,000 to be disposed 
of under the reclamation iowr.siis acts a This sum having been realized 
by said sale and prior sales under the a.'jt of September 8» 1916 } 
the Assistant to the Secret ary on February 6 3 1920. directed that 
all unsold lots ir sold town heretofore offered at private sale be 
held subject to entry at private sale at the appraised price, 

Humb o 1 dt ? Ar .1 z o no «, 

The sub divisional survey into lots and blocks of Humboldt' 
iownsite, Arizona $ has been received by this office for acceptance, 
and it is expected 'chat in a short time action will be completed' 
looking to the acceptance of thy plat of survey of this townsite. 

Hot Springs, New Mexico „ 

The subrtp.visio.nal survey of the iownsite of Hot Springs, 
New Mexico, has recently been completed and accepted by this office 
and the plats thereof are now being photolithographed and action 
will be immediately taken looking to the issuance of appropriate 
instructions for the disposal of the lots e This town has become 
quite noted for the curative properties of the Hot Springs within 
the towns it e» 

Black f o ot , M ont ana„ 

Preference right entries are row being made of occupied 
lotstin the iownsite of Blaokfoot in the Elackieet Indian Reserva.- 
tion, Montara. and it is now intended to order a public sale of the 
unoccupied lots during the coming season a 

Myton r Uta h. 

PPlais of the addition to Myton iownsite in the Uintah 
Indian Reservation, Utah, containing 1036 lots have been sent to 
the local officers for disposal and it is expected that a. public 
sale of the said lots will be held during the coming season. 

Wolf Point, Mo ntjan a « 

Another addition of some fifty acres to the iownsite of 
Wolf Point in the Fort Peck Indian Reservation, Montana, is in pro- 
cess of reserva.ticn with a view to the platting thereof into lots 
and blocks and the disposal of the same. This will be the second 
addition to this prosperous iownsite,, The lots in the original plat 

-23- 



and in the first addition thereto have been practically all dis- 
posed of and the town is looking for more land for the accommoda- 
tion of its inhabitants* 

Deaver f t/voming; . 

February 14, 1920, thirty acres of land in T fc 57 N t> R fc 
97 W*, was approved for patenting to the town of Deaver for a ceme- 
tery site. 

Darlington, Idaho . 

January 31, 1920, forty acres of land in T. 6 N. , R. 25 
E. , B.M., was approved to the "Corporation of the Presiding Bishop 
of Jesus Christ of Latter Day Saints" for a cemetery site. 

Banks. Idaho . 

The survey into lots and blocks of the towns it e of Banks, 
Idaho, has been made and the returns have been received in this of- 
fice for consideration with a view to their acceptance. The examina- 
tion for acceptance will be made at an early date. 

Skagway and Valdez f Alaska . 

Under the provisions of the Act of September 30, 1890 
(26 Stat., 502), the town of Skagway applied for 11.24 acres of 
land embraced in survey 1254 for a cemetery site, and the town of 
Valdez also applied under said act for entry of 2.06 acres of land 
for cenetery purposes embraced in survey 1170. The proofs in these 
two cases have been found sufficient to warrant the entries applied 
for, and the local officers have been directed to issue cash entry 
to the respective towns for the land applied for, upon payment of 
$1,25 per acre. 



ALLOTMENTS TO INDIAN LURRIED \70MEN 

The regulations of April 15, 1918 (46 L.D., 344), govern- 
ing allotments to Indians on the public domain wereeconstrued as de- 
nying allotments to Indian women, who had husbands entitled to such 
allotments. 

A number of applications by married women were accordingly 
rejected by this office. 

Appeals were taken to the Department in some cases, which 
appeals were supported by the Commissioner of Indian Affairs. The 
legal right of married women to such allotments was carefully gone 
into at a conference held before First Assistant Secretary, Vogelsang. 



-29- 



On February 12, 1920, the Secretary directed that the last 
paragraph of his letter of April IS j. 1918,. printed on the second 
page of the regulations, be eliminated, and that the folio-wing para- 
graph be added on page 7: 

An Indian woman married to an Indian man" who has 
himself received. an allotment en the public domain, or 
» • is; entitled to. one. is not thereby' deprived of the 

■right to file an application in her own name, provided _• . ■ 

she is otherwise entitled,, 

Married Indian women will accordingly be allowed to take 
allotments on the public domain provided they show such use or oc- 
cupancy -of the land for at .least two 'years as 'sufficiently indi- 
cates that the land is. taken with the intention of putting the 
same to s'ome clearly beneficial use. 



UNREPORTED CIRCULARS — SUGGESTION FROM HELENA 

..In the Land Service you call for suggestions for the good 
of the public service in general* Therefore, I have the honor to 
suggest, that if In accordance with your opinion it is advisable, 
a bound volume be prepared containing all the unreported circulars 
that have been issued by your office and are still In "force and ef- 
fect, for the use of the local land offices throughout the country, 
I would suggest further that 'such volume contain a digest index with 
the proper references to. the. said circulars. 

From my ' experiences with several of the lopal land offices, 
a file ( of the unreported circulars is not conveniently kept* And, . 
in fact, in many incidents. .some very important circulars.- are hard, 
if .'not impossible, to. be ..found, ., Since -the-. Land. Decisions do not con- 
tain these unreported circulars, there is no other way of getting ac- 
cess to them. Of course, a supply may always be had 'from the General 
Land Office, but that takes at least a few days, which often times 
would require an unnecessary -del-ay* .-.At any -rate, -there are now a suf- 
ficient number of the said circulars tc constitute a good si2ed and 

well prepared volume for. permanent use,, ...... 

... . . v ... 

I am firmly of the belief that if this meets with your ap- 
proval and such a volume is prepared, all of the local land of faces 
would greatly appreciate such assistance and will also be able to 
render a more prompt and efficient, servi.ee in taking the > proper ac- 
tion upon problems coming before them. j : ' ; .v '■ • ♦ > ,-. ■ .->• 

PREPARATION OF STATE -TAX LIST — SUGGESTION FROM BELLEFOURCHE 

As a suggestion -for the betterment of the service, I would 
like to outline the manner in which this office prepares the state 
tax list which is furnished the state officials the first of every May. 

-30- 



Instead of waiting until about time to furnish this list 
to the state, we copy the required data from the fined certificates 
issued every month, before the returns are transmits ed to your of- 
fice. We find this is a material saving of time ova*- the ei.j method 
of going through all the records in May to collect this information, 
and -we can send the list to the state officials within a day or two 
after the close of business on April 30th. 



OIL, TELEGRAMS AND PATENTS 

Bienville Parish, Louisiana, and its vicinity, has recently 
sprung into prominence because of its voluminous production of two 
things «— oil (or rumors of oil) and telegrams c This office has 
received very little benefit from the former, but has receive:! more 
than its share of the latter, if the clerks who handle that work 
speak fairly. In the good old cash entry days these lands, or most 
of them, were sold for the good old price of §1.25 per acre; and 
the buyers thought so little of them that theyneglected, for the 
most part, to record their patents. But now conditions have clanged, 
petroleum is king, and parties in interest in that country find on 
seeking to perfect their titles that in many- cases the first link 
in their chain, the government's patent, is not a matter of local 
record. Hence the telegrams; and, what is better, one of the largest 
orders the office has ever received for copies of patents. It comes 
from an abstract company, and calls for copies of 3800 patent records, 
the fee for which, uncertified, will be $570. This order is not 
very remunerative, at that, but it gives a little more satisfaction 
than answering telegrams at a charge of nothing per. 



FAMILY LETTER 

Crookston, Minnesota. 

^Receiver James P. O'Connell returned February 9th from 
Santa Fe, New Mexico, where he was called on account of the illness 
of his fourteen-year-old daughter which result ed fatally January 29, 
1920. She had been afflicted with tubercolosis for some time and in 
October last was sent to- Santa Fe in the hopes that the high altitude 
would alleviate her complaint. However, the relief sought for was 
not obtained, and just after her father reached her bedside, the 
frail body parted with its spirit. The remains were brought to Howard 
Lake, Minnesota, for interment, where representatives of two or three 
generations of her ancestors lie buried near one of the pioneer homes 
of southern Minnesota. Little Sidney Georgianna was far in advance 
of her years in music and literature, and that she had a premonition 
of the end is evidenced by the first and last stanzas herein given 
of the beautiful verse which she sent her mother just before passing: 

Oft there comes a gentle whisper o t er me stealing 
IThen my trials and burdens seem too great, 
Like the sweet-voiced bells of evening softly pealing 
It is saying to my spirit, 

Only trait. 
4r -jr -;;- -;;■ ^ -:;• -ir * -;;- -x- 7f -;;- -;:- # -x- -.'-- -:;- -;;- ■& -<<■ ■% •& -ft -.? ■& -K- ■&■ 

-31- 



I have chosen my Eternal portion yonder 
I am pressing hard to reach the Heavenly gate 
And tho* oft along the path I weep and wonder 
Still I hear that angel whisper 

Only trait e 



The passing of February will marl: the end of the fifth 
consecutive month in which there has been continuous sleighing in 
northern Minnesota and during which time the thermometer did not 
rise above zero except for three days and then only about five de- 
grees above. The general average was twenty degrees below, and to 
Cap the climax the peripatetic {and satanic) groundhog, on the 
second day of February, cast his shadow of gloom across our path, 
which presaged sic more weeks of fuel-eating weather; and he guessed 
it right. When it comes to weather prophecy, Sir Marmot Americanus 
can meld a hand that will make the Weather Bureau look like thirty 
cents of depreciated Central European currency. 



Notice in the February "Bulletin" of removal of land office 
from Sundance to Newcastle, Wyoming, recalls to mind the old "Boot- 
legger" trails that led from those two towns during the' early part 
of 1918, through the Black Hills into the "desert" of South Dakota. 
Every hour during the night an auto woiild pass by "a- certain survey 
camp in the hills. The cargo could be guessed by the aroma left 
in the wake of the car; it was not all gasoline. And the hilarity 
of the jcy-riders created a feeling of envy in more than one "camel" 
who suggested the making and wearing of a tin star to "hold 'em up" 
even if it did incur the penalty for impersonating an officer*" 



The obituary notices in the last 'two issues of the "Bulle- 
tin" will cause the field force to miss several of the initials 
which in some cases tc the personal knowledge of the writer have 
appeared on the upper part of the first page of letters from the 
G.L.O. for twenty years or more. We of the outlanders have learned 
to appreciate the integrity and merit of the subject matter under 
those time-honored scrawls and notice with regret that but few are 
left. A few more days and they'll totter on the road. Kindly! 
Father Time'. 



The"touch" system is not altogether the property of typists. 
It is now being used by self "constituted committees of one - generally 
one directly affected - who are soliciting five and ten spots - or 
larger - to aid in getting a "salary -increase" bill through Congress. 
From the sunny fields, no , the "golden shores" (as the orators say) 
of California come the most importunate ones, and old H.C.L. is the 
incentive that brings most of the responses. 



-32- 



THE GOVERNMENT WINS ANOTHER SUIT 
INVOLVING SO-CALLED LAND LAND IN ARKANSAS. 

On February 7, 1920, the United States .District Court for 
the Eastern District of Arkansas, rendered a decree in favor of the 
Government in equity Suit No. '53 entitled "United States vs Chicago 
Mill and Lumber Company et al" involving an area of 22, 514. acre's, 
locally known as Big Lake, i situated in 'Ts.'''T4",." i l5 ,'and ,16 N 4> -R; 9 
E., and Ts. 15 and 16 N. , R. 16 E., ' "5th '*P tSL ' "Under the terms of the 
decree the title to said lands is quieted in the Government. The ; 
suit was instituted October 25^ 1917.'- '••" 

The so-called Big Lake area is situated in Mississippi 
County, Arkansas, and borders on the Missouri boundary line, A 
decision was rendered : by the Land Department July 16, 1914, in •which 
it was held that the so-called lake area had been erroneously or 
fraudulently omitted from the surveys of the above described town- 
ships at the time the original surveys of those townships were made 
during the years 1846, 1847 and 1848. All of the originally sur- 
veyed lands abutting on the meander lines of the so-called lake 
were disposed of years ago to the State of Arkansas as swamp lands 
pursuant to the grant of September 28, 1850 (9 Stat., 519). The 
defendants purchased from the State the lands ..abutting on the 
meander lines and they also pur-chased from the St. Francis Levee 
Board, an agency of the State, the unsurveyed lands within the so- 
called lake area. They, therefore, claimed both as riparian owners 
and also as purchasers of the lands in question through the State, 
The court, however, refused to recognize that their claims, had 
any validity in lav/ or in equity. The contention of the Government 
that the .survey was erroneous was sustained. 

Prior to the time that the Government took steps to as- 
sert title to the Big Lake area, the said area was involved in a 
6uit entitled Harrison vs. Fite (148 Fed 6 , 78l), which was decided 
by the United States Circuit Court of Appeals in which the court 
found that the unsurveyed lands within the lake area had formed 
by the process of accretion and reliction. That suit was based 
upon a petition for an injunction instituted by the trustees of 
the Big Lake Hunting and Fishing Club, restraining certain persons 
from exercising hunting and fishing privileges within the lake a,rea. 
In view of the fact that the Govemme'nt was not a party to that suit, 
the Land Department contended that the decision of the court in that 
case had no binding effect upon the rights of the Government* If . 
that decision had been sustained in the present suit, the Government 
would have lost title to the lands. 

The lands within .the Big Lake area have been surveyed and 
opened to homestead entry, and are for the most part covered by en- 
tries initiated pursuant to the public land laws, A portion of the 
area comprises and always has comprised a permanent lake. . That 
lake area together with the lands immediately abutting upon its 
waters were withdrawn by an Executive order (No,. 2230; on August 2, 
1915, for a bird reserve known as the Big Lake Preservation, and has 
been maintained as such since that date. This reservation is said to 
• be one of the finest breeding grounds and nesting resorts for ducks 
and other water fowl to be found in the United States. 

-33- 



The lands within the so-called Big Lake area were originally 
heavily timbered and are so today, except ' ; where they have been cleared 
for cultivation." Owing to certain drainage ditches -that have been con- 
structed in southeast era Missouri, large' volumes of water have been di- 
verted across this area in recent years causing the lands 'to -W fre- 
quently overflowed -and -consequently unfit for cultivation except dur- 
ing unusually dry seasons. The local drainage- district of Mississippi 
County has recently set on foot a movement to drain these lands, to- 
gether with privately owned .lands in that locality- -'and with that end 
in view, an act (Public 119) was passed by Congress January 17, 1920, 
authorizing the local drainage district., to drain-fche public lands 
within the so-called Big Lake area and to subject- those-lands to 
taxation to the same extent as the privately owned lands, are to be 
subjected' to taxation for drainage purposes. If the lands are drained, 
'they will become very valuable for agricultural purpose's-;--^-' 

THE VINE AND OLIVE 

In view of .the present attitude of our .Government towards 
the consumption of wine, it is interesting to. note that Congress 
has not always frowned upon its use by our people. 

1 

The lands of the United States have been granted for many 
purposes., and some of these purposes would not, of course, appeal 
to our .present day legislators. Under the act of March' 3, 1817 (3 
Stat., 374), the Secretary of the Treasury was required, under the 
direction of the President of the United States, to designate and 
set apart four contiguous townships of vacant public lands in Alabama, 
to be used as provided in the act for the encouragement of the cul- 
tivation, of the vine and olive. This act was passed for the benefit 
of . certain French;, immigrants who, it has been stated, were a "num- 
ber of foreigners and exiles from Europe who excited the feeling of 
Congress in their favor." 

While the land withdrawn,- located in T. 18 N. , Rs. 3 and 
4 E., T # 19 N., R. 4 3. .-,.-. and T. 20 N. , R. 4 E. , St. Stephens Meridian, 
Alabama, was to be patented as one tract, upon full payment, and com- 
pliance. with the law,, tyy the members of the Tomb ecbee Association 
(the name adopted by the immigrants for their organization) this 
plan was found, impracticable and subsequent legislation permitted 
the issuance' of patents to individuals, upon their compliance with 
the law.' It appears that many' hardships were encountered by these 
people who were in many instances soldiers and unaccustomed to the 
cultivation of the vine' and olive, "men who all their lives had 
lived in camps and could hot so soon exchange the sword for the 
plowshare." Many failures were recorded owing to the climate and 
loss of imported vines and plants by shipwrecks at sea. While. the 
reports submitted to the General Land Office show the successful cul- 
tivation of the vine,' little success seems to have crowned efforts to 
grow the olive. Many of these lands were patented to the immigrants, 
or their successors in interest, the proofs which have been examined 
now in the files showing- merely, cultivation and occupancy. 

, ;..-34- 



In a report to Congress concerning certain relief requcctcd 
by the association, it is stated that the principal object of the grant 
was the cultivation of the entire tract in vine and olive plants in 
order to "rapidly extend the cultivation of at least the vine so" as' : ' ■ 
to supply the United States with the v/ine necessary for their consump- 
tion." While in those early days we earnestly cooperated in the pro- 
duction of the. "root of much evil'' we are now in our enlightened time 
just as earnestly urging our fellow-men to make it a "lost art/' 

Attention was called to the above legislation in disposing 
of the case of the Demopolis Female Academy, which was the beneficiary 
under section 2 of the act cf March 2, 1837 (5 Stat., 154), the 
Academy being permitted 'to purchase at 01.25 per acre, all lands re- 
maining undisposed of in the four sections within the original with- 
drawal, reserved for town 3ots„ Under this act, the Academy pur- 
chased on 'December 18, 1837, 814„46 acres under cash entry i.3C00, 
Demopolis, the entry, however, having been held suspended during 
the succeeding years. The case was approved for patenting on February 
19, 1920. 



JUST ONE THING AFTER ANOTHER. 

The records show that a considerable body of land in 
'western Arizona was surveyed, the surveys accepted, and in 1917 and' 
1918, the survey plats filed ir the district land office at Phoenix. 
So much accomplished, but thereafter comes disposal of the lands 
within the primary or place limits of the grant to the Santa Fe 
Pacific Railroad Company, successor in interest to the Atlantic and 
Pacific Railroad Company. One item presented for adjudication is 
a claim of the Santa Fe Company as owner of the grant, which was made 
in 1866, for patent to upwards of one million acres of the"aforesaid" 
lands. The selection lists representing this item were filed in the 
Phoenix office late in September 1919, and approved there the follow- 
ing month. They were forwarded to the General Land Office in November, 
duly placed of record, and in January 1920, mineral reports were re- 
quested of the Geological Survey's Next in order will be the Survey 
reports and then the adjudication grindd, The extent to which our 
field brethren may be called upon for information is not now known, 
but this is certain, until these selections are disposed of by patent 
or otherwise, there will be something doing in one division of the 
General Land Office. 



RECENT DECISIONS 
OF THE COURTS AND THE DEPARTMENT 

School Land - Louisiana , 

In the case of State of Louisiana vs'VJilliam T. Joyce Com- 
pany (261 Fed. Rep. 128), it was held by the Circuit Court of Appeals 
that under the acts of April 21, 1806 and March 3, 1811, reserving 
section 16 in each township of land in the territory of Louisiana, when 

-35- 



surveyed for the future state, to be used for support of schools,' 
title to such section vested in the State on admission, to the ex- 
clusion of the United States, as also the right to dispose of the 
same in such manner as it deemed best to carry out the purpose of 
the dedication, and the sale and conveyance of any such lands by 
the State is not invalid because not made as prescribed by the act 
of February 15, 1843 „ 

Swamp Grant - S tate of. Louisiana,, • 

In the case; of State vs Grace (83 So. Rep, ,206), the Supreme 
Court of Louisiana held that where sv/amp lands conveyed to the State 
under. the acts of March 2, 1849 and September 28, 1850, within the 
limits of a levee district, are granted to the Board of Commissioners 
of said district, but before the Board requested conveyance, a pat- 
ent is issued to the defendant for a portion of the land, the Boafcd 
can, by direct attack, question the validity of such patent, although 
it has sold the land, 

Sv/amp Grant - Settlement Rights , ..■••. ' < . .< 

The Supreme Court of Florida, in the case of Colorado 
Florida Land Company vs Roebuck (83 So. Rep«502), held, substantially, 
that one settling upon a tract owned by the State under the sv/amp land 
grant, and who makes improvements thereon, but makes no effort to 
purchase the land from the State, acquires no claim for such improve- 
ments as against one subsequently acquiring title from the State. 

Publi c J7 ate rs - R iparian Rights , 

In the case of Years ley vs Gipple (175 N.Y/.641), the 
Supreme Court of Nebraska held that the common lav/ as to the rights 
and duties of riparian owners is in force in that State, except whenc 
altered or modified by a statute. That if lands become riparian by 
the washing av/ay of adjoining lands, the owner is entitled to the 
right of a riparian owner to accretions, even though they extend be- 
yond the original boundary line of his land. 

Navigable Waters - Sv/amp Lands . 

Questions involving navigable waters and the grant of swamp 
lands to the State of Louisiana were before the Supreme Court of that 
State in the case of State vs Capdeville (83 So. Rep.,42l), in which 
the Court held: 

(1) Navigable water is that which by its depth, 
width and location is rendered available for navigation, 
whether it be actually so used or not; 

(2) That the beds of navigable streams, lakes, etc, 
never belonged to the United States, but were the property 
of the State in virtue of d&& * inherent sovereignty, so 
that once a body of water is found to be navigable, the 

-36- 



■i'X .'-^i/'L 

bed or bottom thereof must be held to be the property 
of the State; and. ' .._.- ;•;.■ . 

(3) That na lands composing -it he beds, of navigable 
streams, lakes', etc., or -those.-. within, the. tidewaters 
of the sea, were affected by_ the swamp land grants of 
March 2 ■ 1849 -and/September 28., 185Q.,-. :'.",.-,■ 

Public Lands - Admission of State . 

In State vs Capdeville (83 So, Rep. 421 ) u the court held 
that while Congress in admitting Louisiana to the Union retained 
title to all waste lands tiien;,:P_xi^ing,. 7 a3^ the. State accepted the 
reservation as a- condition "of*..^1^^di)ii6 : sit^n,^,Vhe Federal Government 
did not, and could not^*r!e±;^ES#S^^il'^^>l^^i /not existing as such 
at the time, lands s.inc^ f .o-rroed;^^ r^ver. silt- .and sand. 

Homestead -Entry - Right g .,of Contestan t. ' ! • ... 

: ' ' ?i i ' : '-"' ; • •. ■:-■ ; v r ' : ' ...".; , ;,' 
The Supreme ■. Soiart o;f California^ in t ne case of McLaren". 
vs Fleischer(l85 Pac';"Rep\i96;7). > . considering "^t he status of a home- 
stead claim and the rights of a contestant -held, -among other things: 

(l) That-'ione who^has made the affidavit required 
by Section 22§£t,;3Js£v.ise& -Statutes, ._snd who has paid the 
amouilt necessary 't-o-fgnter, the quantity of- -land applied 
for,'; is vested/witb.. an equitable title,, entitling him 
to maintain action t#oqui,et title^and to. compel convey- 
ance;, • .: i :c;.. , t<::. ■ ;.Q ».£; • - ...- ..., * [ "... 

f ' •■ ■ •lY'jk.-in. r -....*;, ■..•-'• ,' - 

*•'- (2) That one who: has: ma^e- an application and 
f i 1 ed t he requi site' af f i davit ," t ogethe.r wit h the f ees 
and commissions., ..'Stands in the relation, of an entryman 
upon a homestead cLaim; the execution of^the certifi- ( *** 

cate of entry being unnecessary; and *-.- 

(3) A contestant who has been successful in hav- 
ing an entry canceled and who has received notice thereof 
at a time when-the land has been withdrawn .from entry, 
is entitled to a preference right to enter the land 
wit hi n -thirty- days after the restoration of the land to 
entry. -•■•.■■• , . 

Public TTaters - Appropriation , 

In the case of Sarret vs Hunter (185 Pac. Rep. 1072) , it was ,, 
held that the right to the use of water on vacant public lands may be 
initiated by procuring from the State Engineer a permit therefor, and 
when such application is bona fide, coupled with the present intention 
to apply water to a beneficial use, the appropriation is then complete 
and valid, and relates back to the date of the permit, regardless of 
whether the holder at time of his application was connected with the 
legal title to the land on which he proposed to apply the water. 

-37- 






4 '!*• 



Public Waters - Appropriation . 

In the case of the State vs the District Court of the 
Third Judicial District (.185 Pac. Rep. 1112), the Supreme Court, of 
Montana held that when appropriation of the water of.. a stream p 
made the rights of the appropriator are limited to natural condi- 
tion of the stream at the time, and are not enlarged by subsequent 
improvements made by another which increase the supply flowing in 
the stream, and, if such other person himself increases the avail- 
able supply, he has a prior right to use it to the extent of the 
increase; but the increase must constitute a new or independent 
source of supply. 

State Selections - Title of 
State prior to App roval^ _ 

An interesting and' important judicial pronouncement is 
that recently made by the United States Circuit Court of Appeals 
for the Eighth Circuit in the case of the United States vs H. S. 
Ridgley -et sl f The case involved a determination as to the time 
when the State of Wyoming became invested with a complete equitable 
estate in lands selected by her pursuant to a grant made by Congress 
for the use of state schools, and, incidentally, the power of this 
Department to refuse to transfer to the State lands so selected 
where, prior to approval of the selection, the lands had. been dis- 
covered to be valuable oil lands. 

The selection was made to secure lands in exchange for an 
equal quantity of lands in a Section 36 within the Big Horn National 
Forest, to which the state had a perfect title. It was made on 
April 4, 1912, and it appears that the state had done everything re- 
quired by applicable law and regulations to perfect the selection, 
but such selection had not been approved by this Department when, on 
May 6, 1914, the President withdrew the lands so selected, with other 
lands, as probably valuable for oil. The state was afforded oppor- 
tunity thereafter to accept a patent or certification which would 
reserve to the United States the oil content of the lands, pursuant 
to the legislation of July 17, 1914, but declined to accept a convey- 
ance so limited, and on May 24, 1916, leased the lands to Bidgley 
for the purpose of exploration for oil, and Fddgley later assigned 
the lease to the Midwest Refining Company. 

'Suit was instituted by the United States to enjoin drilling 
operations and .to quiet title to the property. The Bill was dismissed 
by the District Court for the District of Wyoming, and this decree of 
dismissal, on appeal to the Circuit Court of Appeals, was reversed, 
and the case remanded with direction to enter a decree in accordance 
with the prayer of the Bill, and to proceed with the cause a We quote 
one or two brief excerpts from the opinion of the court: 



-38- 



"In brief, the Cosmos case (Cosmos Co. vs Gray Eagle Oil 
Company 190 U.S., 30l), holds that the locdl officers are not 
vested with any jurisdiction to pass upon any of the questions 
either of lav; or fact, involved in the application* Their 
power is confined to accepting the State papers, making the 
proper notation upon their records to protect the applica- 
tion against subsequent rights of private parties, and then, 
transmitting the papers with a certificate showing the tract 
to be free from adverse claims, so far as disclosed by the 
records in their office, to the Commissioner of the General 
Land Office. That officer is clothed with jurisdiction not 
only to pass upon the paper showing made by the State, but 
to make any investigation which he sees fit to determine 
whether the lands are non-mineral, so as to come within the 
statutes controlling the application. Until he approves of 
the application, there is, as Mr, Justice Field said in the 
Price County case (133 U.S.,51l), no selection. In other 
words, the favorable action of the Commissioner is an 
element of the selection, and until that is obtained the 
state acquires no title, legal or equitable, to the ld*nd« " 
In exercising his jurisdiction the Commissioner is not re- 
viewing the action of the local land off icialsy His • juris-' '' 
diction is original and primary. While the case is pend- 
ing before him, the transaction is simply an application 
•to exchange. The government is as free in that transac- 
tion as the state. 

"The suit simply involves the right of the govern- 
ment, through the Commissioner of the General Land Office, 
to determine whether the lands are of a character subject- 
ing' them to plaintiff's claim. Until that question is de- 
cided, as we have already stated, the applicant,' as against 
the government, acquires no title to the property, legal or 
equitable. This- is not only established by authority but 
is justified by experience. The right to select indemnity 
lands in lieu; of agricultural lands lost, which empowers 
the selector to range over a whole state in search of 
lieu lands has been the agency by means of which great 
frauds have been perpetrated upon the government. What 
is 'known* about lands some years prior to the time when' 
that knowledge becomes determinative of a right is a dif- 
ficult field of inquiry. The showing at the time of the 
filing in the local land office is made wholly by the ap- 
plicant. It is a paper showing, So far as the government 
is concerned, it is an ex parte proceeding. The selector 
is entitled to agricultural lands and not to mineral lands^ 
The Commissioner of the General Land Office in the exer- 
cise of his jurisdiction to determine whether the lands 
applied for are such as the applicant is entitled to under 
the law may not only make such -inquiry through agents, as 
he sees fit, but, if need be, he may make such exploration 

-39- 



as is necessary to determine the question upon which he 
is asked to pass. This is the only way in which the 
government can be protected against frauds in the adminis- 
tration of the public land laws." 

This action involved an area of only eighty acres, 
but it is oil land of demonstrated or proved value-, the 
exact or estimated worth of which can not be here stated. 
The importance of the result lies in its influence on the 
ultimate determination of the legal proposition touching 
the right and power of this Department to refuse approval 
of selections of this sort because of events occurring' 
or facts developed subsequent to the date of selection, 
affecting the character or status of the lands involved 
in such transactions, whether base or selected lands, and 
sharply challenging the propriety and legal merit of the 
offered exchange. This proposition is presented in a 
variety of forms in other suits, some of which are now 
awaiting judgment in the Supreme Court of the United 
States, 

Withdrawal - Act of June 25 , 1 910 - Settl ement Right . 

The decision of January 20, 1920, by First Assistant Secre- 
tary Vogelsang, on the appeal of James Morris, Roswell 044675, in- 
volved the question whether a withdrawal under -the act of June 25, 
1910 (36 Stat., 847), is an adverse claim sufficient to defeat the 
application of one who had settled on the land long prior to the 
withdrawal, and had continued to reside an the land but failed to 
make application for entry within three months from the filing of 
the plat of survey in the local office. In disposing of this case 
it was said, among other things: 

, . "A withdrawal under said act of June 25, 1910, 
reserves the land from settlement and entry there- 
after by all except those who come within the provi- 
sions heretofore quoted, but it is not such an *adverse 
claim* within the meaning of the decisions of the courts 
and the Department, as will defeat an application by one 
whose settlement has been maintained until the date of 
his application, even though more than three months hav§ 
elapsed from the date such settlement right might have 
been made of record in the form of an entry. In this 
connection, see State of South Dakota vs Thomas (35 L.D., 
171)." 



-40- 



NET7 LEGISLATION 

Addition ^.of Certain ILands to 
Ochoco National Forest, Oregon. 

H.R. 348, adding certain lands to the Ochoco National 
Forest, Oregon, has passed both Houses and received the approval 
of the President February 11, 1920. 

Addition of Lands to certain 
National Forests in Oregon. 

H. R. 8028, to .add to the Oregon, Siuslaw and Crater National 
Forests, in Oregon, certain lands that were revested in the United 
States pursuant to the decision of the Supreme Court of the United 
States in the case of Oregon and California Railroad Company vs 
United States, has passed both Houses and received the approval of 
the President February 11, 1920 % 



Preference Right of Entry by 
Carey Act Entrymen. 



H « R. 2950, to authorize a preference right of entry by cer- 
tain Carey Act entrymen, has passed both Houses of Congress and re- 
ceived the approval of the President on February 14, 1920, The bill 
provides: - 

^Be it enacted by the Senate and House of Representa- 
tives of the United States of America in Congress assembled, 
That the Secretary of the Interior, when restoring to the 
public domain lands that have b'een segregated to a State 
under section 4 of the act of August 18, 1894, and the 
acts and resolutions amendatory thereof and supplemental 
thereto, commonly called the Carey Act, is authorized, in 
his discretion and under such rules and regulations as he 
may establish, to allow for not exceeding ninety days to 
any Carey Act entryman a preference right of entry under" 
applicable land laws of any of such lands which such per- 
son had entered under and pursuant to the State laws pro- 
viding for the administration of the grant under the Carey 
Act and upon which such person had established actual 
bona fide residence, or had made substantial and permanent 
improvements: Provided, That each entryman shall be en- 
titled to a credit as residence upon his new homestead 
entry allowed hereunder of the time that he has actually 
lived upon the claim as a bona fide resident thereof." 

Preference Right of Entry to 
Soldiers T Sailors and Marines , 

House Joint Resolution 20, giving to discharged soldiers, 
sailors and marines, a preferred right of homestead entry, passed both 
Houses of Congress, and received the approval of the President February 

-41- 



14, 1920. This bill was reported in the January Bulletin, but due 
to the many inquiries as to the terms of this- new statute, it is 
again printed here in full: 

"Be it enacted by the Senate and House of Representa- 
tives of the United States of .America in Congress assembled, 
That hereafter, for the period of- two years following the 
passage of this act, on the opening of- public or Indian 
lands to entry, or the restoration to' .'entry of public lands 
theretofore withdrawn from entry, such opening or restora- 
tion shall, in the order therefor, provide for a period of 
not less than sixty days before the general opening 'of 
such lands to disposal in 'Which officers, soldiers, 
sailors or marines who have served in the Army or llavy . 
of the United States in the war with Germany and been 
honorably separated or discharged therefrom or placed in 
the Regular Army or Naval Reserve shall have a preferred 
right of ent ry under the homestead or desert-land laws, 
if qualified thereunder, except as against prior existing 
valid settlement rights and as against preference rights 
conferred by existing laws or equitable claims subject 
to allowance and confirmation: Provid ed. That the 
rights and benefits conferred by this Act shall not 
extend to any person who, having been drafted for ser- 
vice under the provisions of the Selective Service Act, 
shall have refused to render such service or to wear 
the uniform of such service of the United States, 

"Sec, 2. That the Secretary of the Interior is hereby 
authorized to make any and all regulations necessary to 
carry into full force and effect the provisions hereof,'* 

Regulations under this act are now in course of preparation and will 
issue shortly. 

General Leasing Bill . 

' . Senate 2775, an act to promote the mining of coal, phos- 
phate, oil, oil shale, gas and sodium en the public domain, was ap- 
proved February £5, 1920» E^eewhere in the Bulletin will appear an 
announcement relative to seme of the features of this act, 

YJater Supply from Reclamation Proj ects , 

Senate 796, an act for furnishing water supply for miscel- 
laneous purposes in connection with reclamation projects, received 
approval February 26, 1920, 



-42- 



PENDING LEGISLATION 

P ■ 

Timber Cutting in V/hite Pine County. Nevada . 



SfenateBill 730, to amend Chapter 559 of the Revised 
Statutes of the Unit eel States, approved March 3, 1801, providing 
that said' Chapter limiting the use of timber taken from public 
lands to residents of the State in which timber is found, for use 
within said State, shall not apply to the. timber ojn the public lands 
in White. Pine County, Nevada, but within sard- county the provisions 
of said Chapter' shall apply equally. to the residents of the States 
of. .Utah and NeVada and to the use of timber taken from the above de- 
scribed, tract in either of the above nained States, passed the Sena.te 
Feoruary 2, 1920, and. is now pending before the House Committee on 
Public Lands. 

Disposition of Lands Withdrawn but not 
needed for Recla mat ion Purpo ses, 

..•■ Senate Bill 795, to provide for the disposition of public' 

lands- withdrawn and -improved under the provisions of the reclamation 
laws,.', and .which are no-. longer-needed .in connection with said laws, 
passed the Senate February >2, I9?0, and is now pending before the 
House Committee on Public Lands. 

Crater Lake National Park . 

Senate bill 2797, to add certain lands to Crater Lake 
National Park , Oregon, has been reported out of the Committee with- 
out, amendment. 

C o nv eytinc e o f Rai 1 r pad ■ Plight s of. Way 
for Pub 1 i c; Ro ad o l P a rk? '..vrp o s e s t . 



Senate bill 3484, an Act authorizing certain railroad 
companies, or their successors in interest, to convey for public 
roads or park purposes, certain parts of, their rights of way, has 
been reported out of the Committee without amendment. 

Acquisition r >f .Ru ral Hones . 

' Senate bill 3477 to- increase without expenditure Federal 
funds, the opportunities of the people to. acquire rural homes, and 
for other purposes, has received a favorable report at the hands of 
the Committee on Public Lands. ,.. '• 



Relief for Certain Patentees 
Along Snake River. Idaho, 

H. R. 12626 has been introduced for the relief of certain 
persons to whom patents were issued for public lands along the Snake 
River in the State of Idaho under an erroneous survey made in 1883. 

National Soldiers' Settlement Act , 

H.R. 12488, a bill to provide employment, homes and addi- 
tional bonus for those who have served with the military or naval 
forces of the United States during the war between the United States 
and Germany and her allies, through reclamation, acquisition and de- 
velopment of lands and building of homes, to be known as the 
National Soldier Settlement, Home and Bonus Act, has been introduced. 

Extension of Time for Payment on 
Colville Homestead Entries, 

H.J, Res. 194, amending joint resolution extending the time for pay- 
ment of purchase money on homestead entries in the former Colville 
Indian Reservation, Washington, passed the House February 6, 1920. 

Sale of Certain Lands to Los Angeles, California . 

H„ R. 406, a bill amending' an act entitled "An Act au- 
thorizing and directing the Secretary of the Interior to sell to the 
City of Los Angeles, California, certain public lands in California, 
and granting rights in, over and through the Sierra Forest Reserve, 
the Santa Barbara Forest Reserve, and the San Gabriel Timber Land 
Reserve, California, to the City of .Los Angeles, California", ap- 
proved June 30, 1906, has been introduced and, with certain amend- 
ments, reported out of the House Committee on Public Land6 # 

Relief of Occupants of Lands in Township 
Eight North of Range Two Vfest of Salt 
Lake Meridian. Utah. 

H. R. 5213, for the relief of certain occupants and claim- 
ants of unsurveyed public lands in township eight north of range two' 
west of Salt Lake meridian, Utah, passed the House December 19, 1919, 
and is now pending before the Committee on Public Lands in "the Senate, 

Game Sanctuary in South Dakota , 

H. R, 11308, a bill for the creation of the Custer State 
Park Game Sanctuary in the State of South Dakota, has received, with 
certain amendments, favorable report at the hands of the House Com- 
mittee on Public Lands. 

-44- 



Irrigation Easements in the 

Yellowsto ne Na tional Park, 

1 — ' — ' ■ 

H,R. 12466, a bill authorizing the granting of certain ir- 
rigation easements in the Yellowstone National Perk, has been intro- 
duced and referred to the Committee on Public Lands. 

Sale of Gra z ing Lands , 

H r R„ 1409, a bill providing for the sale of grazing lands 
pending before the House Committee prdvides that from and after the 
passage of this Act it -shall be lawful for the Secretary of the In- 
terior, on application of intending purchasers, or otherwise, to of- 
fer for sale and sell to the highest bidder, on terms to be fixed 
by him, not exceeding ten equal annual payments^ tracts not exceed- 
ing one section in area to any one person of non- reserved land, ex- 
amined and classified by him as non-mineral, non-irrigable, not con- 
taining merchantable timber, and principally valuable for grazing* 

National De ve lopment 3oard . 

H. R. 6 426, a bill to provide for creating new opportuni- 
ties for permanent and profitable employment by developing and ren- 
dering more accessible the unused land and other natural resources 
of the United States, and for other purposes, has been introduced 
and referred to the Committee on Public Lands, 

Appeals from Decisions of the 
Secretary of the Interio r. 

H.R. 1403, providing for appeals from decisions of the 
Secretary of the Interior upon questions of lav/ alone to the Court 
of Appeals of the District of Columbia, has been introduced and re- 
ferred to the Committee on Public Lands, 

To Provide for Employment and 
Homes for Soldie rs and Sail ors,, , 

H. R, 12438, a bill to provide, employment, homes and addi- 
tional bonus for those who have served with the military or naval 
forces of the United. States during the war between the United States 
and .Germany and her allies, through the reclamation, acquisition, and 
development of lands and building of hbmes, to be known as The National 
Soldier, Settlement s Home and. Bonus Act, has been introduced and re- 
ferred to the Committee on Public Lands. 

Appeal of the Case of the United States 
against the Sout hern Pacific Company., 

H.R. Res. 290, requiring the attorney general of the United 
States to appeal the case of the United States against the Southern 
Pacific Company, and others, decided in the District Court of the United 



-45- 



States for the District of California, August 28, 1919, has been in- 
troduced and referred to the Committee on the Judiciary. 

Conveyances by the Southern Pacific Railroad Company . 

H, R, 12484, a bill legalizing the conveyances made by the 
Southern Pacific Railroad Company of lands embraced in its right df 
way, has been introduced and referred to the Committee on Public Lands, 

Exchange of Lands - Experiments in Sheep Growing . 

Senate 3972, a bill to authorize the exchange of public 
lands for experiments in sheep growing, has been introduced and re- 
ferred to the Committee on Public Lands. 



THE BIRTHDAY OF THE BULLETIN 

The date line of the present issue of the Bulletin - Vol, 4 - 
March 1, 1920 - No. 1 - tells its own story. The Bulletin, like all 
other things human, grows aged, and begins to indulge in reminiscences. 
Thus, it recalls Vol. 1, No. 1, of March 1, 1917, a modest little num- 
ber indeed,' of eight pages, in which it was announced that it was in- 
tended to fill a place not v covered by official circulars and decisions, 
but to give information more in the nature of "news" of the S.ervice t 
to the end that the widely separated personnel and departments of our 
work should be brought into closer touch with each other and with the 
General Land Office. 

The Secretary of the Interior, to whom the issuance of the 
Bulletin was submitted, said: "Your idea of a Land Service Bulletin 
is a splendid one, and I congratulate you; push it hard." That was 
three years ago. How well the Bulletin has realized the original con- 
ception of its mission is a matter upon which it would not be becoming 
for us to dilate, but certain it is that we find a monthly publication 
of fifty pages hardly equal to the proper distribution of actual items 
of interest to the Land Service. 

Much of the Bulletin's value lies in its immediate contact 
with the work in the field, and the opportunity it offers for present- 
ing suggestions for the betterment of the Land Service, both in methods 
of administration as well as in legislation. 

The Bulletin bespeaks your good will and kindly considera- 
tion for another year. 



-46- 



CONSOLIDATED V/ORK REPORT OF LOGi\L LAND OFFICES 
FOR MONTH OF JANUARY, 19 20. 





Cases Pending : 


Cases disposed o 


f : 


Pending . 




and Received. 










Office. : 


Pend-:Rec'd: 


Total: 


Prans: 


Trans :Ref*d: 


Total : 


Jan. 31 




ing : 




nit ' d : 


mi t ' d : to: 




1920. 




Jan.l: : 




on Ap: 


other:Chief : 








1920 : : 




peal : 


wise :Field:- 

: Div . : 






Alabama : 














Montgomery : 


145: 56: 


201; 




49; : 


49: 


152 


Alaska 














Fairbanks * : 














Juneau : 


■ 86: 78: 


164: 




76: 4: 


■■ 80: 


84 


Nome * : 














Arizona : 














Phoenix * : 














Arkansas : 














Camden : 


16: 41: 


57: 




35: 6: 


41: 


16 


Harrison : 


113: 205: 


318: 




156: 2: 


158 


: 160 


Little Rock : 


94: 176: 


270: 


2: 


155: 3: 


1.60: 


110 


California : 














El Centro : 


20; 86. 


106: 




67: 12: 


79: 


27 


. Eureka 


178: 24' 


202: 


11: 


3: ■ 


19: 


183 


Independence' 


206: 86: 


292: 




51 : 11 


72- 


220 


Los Angeles 


200: 223' 


423: 


1 


. 238: 9 


.. • 248 


175 


Sacramento 


.; 638: 129 


. 757: 


1 


152: 9 


162 


605 


San Francisco 508: 145 


653: 


3 


. 114: 21 


'. 138 


515 


Susanville 


: 308: 27 


; 335: 


1 


i 34: 17 


: 52 


283 


Visalia 


: 480: 85 


. 566: 




: 54: 3 


: 57 


509 


Colorado 














Del Norte 


: 137: 24 


; 191 




: 20: 1 


: 21 


: 170 


Denver 


: 326; 184 


: 510 


5 


: 160: 9 


: ' 174 


: 336 


Durango 


; 354: 112 


: 476 




:.' 106: 8 


; 114 


: 362 


C-lenwd .Sprgs . 


: 2446:. 313 


: 2759 


: l 


: 322: 6 


: 329 


: 2430 


Hugo 


: 39 :' 26 


: 65 




: 47: 2 


.'49 


: • 16 


Lamar 


: 413: 422 


: 835 


: 2 


: 391: 12 


: 405 


: 430 


Leadville 


: 426: 53 


: .479 




49 : 


; .49 


: 430 


Montrose 


: 411; 141 


: 5 52 




: 112: 3 


: 120 


432 


Pueblo '■' 














Sterling 


: 319: 114 


; 433 


: 2 


: 124: 8 


134 


: 299 


Florida 














Gainesville 


: 34:. 82 


: 116 


1 


:' 65: 11 


: 78 


38 


I daho 














Black foot 


: 1849: 207 


: 2056 


: 9 


: 337: 12 


358 


1598 


Boise 


: 847: 189 


: 103 6 


: 5 


: 213: 14 


232 


304 


Coeur d'Alen 


e 130: 24 


: 154 




: 31: 


: 31 


123 


Hailey 


: 1083: 132 


:. 1220 


19 


: 245: 9 


: 273 




Lev/iston 


: 137: 30 


: 167 




23: 1 


24 


: 143 


Kansas 














Topeka 


: 116: 49 


: 165 


1 


42 : 3 


46 


: 119 



"47- 



Louisiana 

Baton Rouge 
Michigan 

Marquette 
Minnesota 

Cass Lake 

Crookston 

Duluth 
Mississippi 

Jackson 
Missouri 

Springfield 
Montana 

Billings 

Bozeman 

Glasgow 

Great Falls 

Havre 

Helena 

Kalispel 

Lewi st own 

Miles City 

Missoula 
Nebraska 

Alliance 

Broken Bow 

Lincoln 
Nevada 

Carson City 

Elko 
New Mexico 

Clayton 

Fort Sumner 

Las Cruces 

Ro swell 

Santa Fe * 

Tucumcari 
North Dakota 

Bismark * 

Dickinson * 

Mi not 
Willi st on 
Oklahoma 

Guthrie 
Oregon 

Burns 

La Grande 

Lake view 

Portland 

Roseburg 

The Dalles ■» 

Vale 



58: 


48: 


106: 


1 


43. 


8: 


52: 


: 11: 


13: 


24; 


1' 


9: 




10: 


: 429 


90" 


519.: 




199: 




199: 


: 29 6 : 


107- 


403 




110 




110: 


: 37 


26; 


63 




29: 




29: 


: 9. 


53" 


62 




35: 


10: 


45: 


: 3: 


9 


' 12 




11. 




11: 


: 183 


98 


: 281 




. 105' 


1: 


106: 


: 46 


115 


575- 


1 


: 121: 


4" 


126: 


: 1001 


275 


1276- 


7 


. 288: 


15 


310: 


: 691 


153 


344 


7 


149 


1 


157: 


: 755: 


. 291'. 


1046 


: 12 


337 


3 


352: 


: 996 


188 


1184' 


4 


: 170' 


17 


: 191: 


: 47. 


: 13' 


60 




: 23' 




23: 


: 1228- 


. 210 


, 1438 


: 4 


: 220 


11 


235: 


: 2953. 


. 427 


3330 


5 


: 603 


15 


628: 


: 9 4: 


: ■ 39 


. 13 3 ; 




: 43 


2 


45: 


: 134 


: 69' 


. 203 




: 46 


11 


57: 


: 67 


: 31 


98 




: 22 


: 4 


26: 


: 14 


: 25 


39 




: 16 


8 


24; 


: 379 


: 146 


: 525 




: 48 


44 


: 52; 


: 164 


: 31 


195 




: 21 




: 21: 


: 491 


j 318 


: 809 


? 6 


: 297 


3 


: 306: 


: 274 


:' 129: 


403 


: 1 


117 


3: 


121: 


: 1127 


:■ 136 


: 1263 


:• 5 


: 221 


: 1 


227: 


: 1346 


: 186 


. 1532 




: 345 


1 


. 346: 


: 235 


■ 101 


. 336 


5 


: 32 


5 


92: 


71 


44 


115 




: 42' 


: 3 


45: 


: 78 


41 


119 




39 




39: 


: 138 


84: 


222 


4 


30 




84: 


: 218- 


58 


276 




: 50' 


4' 


' 54: 


: 1051 


111- 


1162 


1 


: 131 


13 


145: 


: 237 


40: 


277 


<0 


31. 


9: 


42: 


: 82 


54: 


136 




35: 


1: 


36: 


: 45 


56: 


; 101 


• '• 1 


57. 




58: 


: 470 


77: 


547 




: 131 


10 


141: 



54 

14 

320 

29 3 
34 

17 



175 

449 

966 

687 

694 

993 

37 

1203 

2752 

88 

}46 
72 
15 

473 
174 

503 

232 

1036 

1186 

244 



70 
80 

138 

222 

1017 

235 

100 

43 

406 



-48- 



South Dakota 
Bellsf ourche 
Gregory 
Lemmon 

Pierre 
Rapid City- 
Timber Lake 

Utah 
Salt Lake City- 
Vernal 

"Washington 
Seattle 
Spokane 
Vancouver -* 
V.'alla Vfaila 
YJaterville 
Yakima 

V/isconsin 
V/ausau 

Vtyoming 
Buffalo 
Cheyenne 
Douglas 
Evanston 
Lander 
Sundance 



: 637: 


86 


723 : 


1: 


154: 




157: 


566 


116: 


30' 


146 : 


7: 


15: 


2 : 


24: 


122 


: 264: 


75 


339 : 


2" 


76: 


2 : 


80: 


259 


: 264: 


56: 


320 : 




■ 43-: 


13 : 


56: 


264 


: 1632: 


220' 


1852 : 


3: 


161: 


4 : 


168 


1634 


: 528: 


53: 


581 : 




102: 




102: 


479 


: 1764: 


157: 


1921 : 




337: 


4 ■ 


341: 


1530 


: 72: 


31: 


103 : 




26 


2 : 


28: 


75 


: 3 


46 


. . 49 : 




44 




: 44: 


5 


: 127 


56 


183 


. 1 


57 


1 


: 59 ■' 


. 124 


159 


: 37 


:• 196 




: 37 


1 


: 38 


158 


372 


: 66 


: 438 




: 143 


: ' 9 


: 152 


§,36 


-: 127 


: 47 


: 174 




: 59 


: 1 


: 60 


114 


20 


: 19 


: 39 




: 19 




: 19 


. . 20 


: 2036 


: .313 


: 2354 


: 5 


: 277 


: 25 


: 307 


, 2047 


: 1859 


: 367 


: 2226 


: 5 


: 449 


: 12 


: 466 


. 1760 


: • 3120 


: 3C5 


: 3505 


3 


: 1161 




1164 


2341 


: -266 


: 76 


: 342 




: 65 


: 2 


: .68 


, .274 


: 319 


: 146 


: 465 . 


2 


: 129 


: 10 


: 141 


. 324 


: 2624 


: 266 


: 2890. 


11 


250 


12 


-273 


2617 



'otal 



44285; 9393:54178 



171: 11403: 470 :12044: 42134 



Note: *" No report received from these offices on February 27, 1920, 



-49- 



OBITUARY 

Mrs, Jennie L. Munroe „ 

Jennie Lucy Munroe (nee Bowen) was born near Winchester, 
Virginia, on March 10, 1847, and on her twentieth birthday was married 
to B. H, Munroe, at Lake City, Florida, Left a widow with two small 
sons, at the early age of twenty- seven, she came to Washington in 1875* 
Her first employment was in the Government Printing Office, afterward 
transferred to the Pension Office, and later to the General Land Office, 
which she entered in 1885, She "made good" as a clerk, and upon the 
creation of the Contest Division, in 1888, was one of the first as- 
signed thereto. Her service in this division continued without in- 
terruption until her death — an unbroken period of 32 years. She 
was Entrusted with more and more responsible work, and received suc- 
cessive promotions until she beaame a law examiner* In order to fit 
herself for the best performance of the duties of adjudication, she 
entered upon a three-year course of law when 55 years of age, and 
persevered until rewarded by graduation. 

Reared i'n substantial comfort, Mrs. Munroe 1 8 experience as 
a breadwinner implanted in her a deep sympathy for all who toil for a 
living, and a special sympathy for women compelled by circumstances to 
make their own way in the world. Although burdened with family cares, 
after the day's work' in the office was finished, she "found" time to 
take an active part in the various great "movements," notably Woman 
Suffrage, the Single Tax, and Trade Unionism. For years the little 
group of active workers for equal suffrage for men and women had an 
uphill time of it in the District of Columbia, and in these lean years 
Mrs. Munroe rendered yeoman service to the cause* 

A movement in which she was even more interested was the 
Single Tax. In this field she knew intimately Henry George, Joseph 
Fels and EJ.la Wheeler Wilcox, and was herself one of the founders and 
the first president of the Women's Single Tax Club oi- the District of 
Columbia. The growing up of her family affording her more time, she 
entered actively into the work of the Civil Service Retirement Asso- 
ciation and the National Federation of Federal Employees, in both of 
which organizations she held office at various times* She was also, 
at the time of her death, president of Albert Sidney Johnston Chapter 
of the Daughters of the Confederacy. In this her principal interest 
was the iold veterans and persons left dependent* She rejoiced in a 
restored Union and the abolition of chattel slavery, although the 
latter had injured her means of support. The writer recalls her in- 
tense satisfaction when a son of Old John Brown of Ossawatomie applied 
for honorary membership in the People's Church of this city, of which 
organization Mrs* Munroe was a lifelong member and officer. 



-50- 



The number and character of her activities (and with her-they 
were' activities in a very real sense), reveal Mrs. Munroe for what she 
was - a lover of all humanity. Starting with her home and family, which 
she -never neglected, and indeed, widened as the. years passed, hor in- 
terest took in the neighbor; and to her all the "world were neighbors 
and all people "just folks,," 

Mrs, Munroe had been ill only a few days, so that the news 
of her passing, February 20th, came as a distinct shock* It was the 
news throughout the General Lard Office and the Secretary's Office, 
and everywhere it was received with expressions of sorrow accompanied 
by words of praise, esteem and love for the departed, 

A Tr ibute.. 

Mrs* Jennie L. Munroe entered this office Nearly' thirty-eight 
years ago. During the twenty-seven years of my acquaintance with her, 
and doubtless ever since her entrance into service, her desk Was "a 
veritable Altar of Righteousness, whereon the Lamp of Justice never ' 
went out, nor dimmed, nor flickered. She loved justice, She 'was im- 
patient with any technicalities "which denied or obstructed it* With 
her there was but one question - "Where lies the justice of the case^ 1 ' 

She was gentle in spirit, helpful and very kind. The writer 
recalls many of her gracious ministrations to those in need p ministra-' 
tions all the sweeter because of the loving kindness which inspired them. 
Happy indeed will be us who survive her if, when we too are delivered 
from this captivity, can leave behind us a record as spotless and a 
memory as sweet. 



REINSTATEMENT 

"The Bulletin notes with pleasure the return of Captain Alvin 
D. Hathaway to his former place as law examiner in the General Land Of- 
fice, after an honorable service of nearly throe drears in the war with 
Germany. 

NEW APPOINTMENT 

James R. Sharp, Register at Rapid City, South Dakota. 

REAPPOINTMENT 

William A. Lynch, reappointed Surveyor General of South Dakota. 



The office is advised of the death of Samuel Butler, 
Receiver of Public Moneys, at Sacramento, California. 

-51- 



TELL THE BULLETIN 
To all local offices and field service employees : 

If anything occurs, in the public land service, which you 
think should be chronicled, tell us about it« Address 'all communi- 
cations to the Commissioner of the General Land Office," "Land Ser- 
vice Bulletin." All communications should be received not later 
than the 24th of each month for use in the current number* 



-52- 



Ia&ITO 



BW£M*W 



SUM HIL& "hMMB ©K 




Vol* 4 



April 1, 1920 



No 



OUR. FEW SECRETARY. 

Hon. John Barton Payne assumed the duties of Secretary 
of the Interior March 15th, and while he has not been hereto- 
fore identified with the work of the Interior Department, his 
active participation in public affairs, both State and Federal, 
serves as a substantial introduction to his new field of action. 

3-' birth a Virginian, and by profession a lawyer, Mr, Payne, 
after several years of professional and judicial experience, in 
1833 became a resident of Chicago, Illinois, where he was engaged 
in the active and successful practice of his profession when 
called, in 1917, to participate in the administrative duties of 
the United States Shipping Board and Emergency Fleet Corporation 
as general counsel, and later in the same capacity with the Rail- 
road Administration, until his appointment as Chairman of the 
United States Shipping Board, which position he was holding at 
the time he was selected as a member of the President's cabinet 
and head of our Department. 

It would seem therefore that Mr. Payne comes to the interior 

Department well equipped by experience and close contact with the 
large national necessities to direct the affairs of this Depart- 
ment . * 

The Bulletin bids our newSecretary welcome, and speaking 
for the office and 'field force, pledges him the loyal service 
that will go far to insure success in so much of his work, ^ at 
least, as involves the control and disposition of the public 
domain. 



IMPORTANT THINGS ACCOMPLISHED BY THE 
GENERAL LAND OFFICE DURING LAST SEVEN YEARS . 
1913 — 1920 

1. Surveys and Resurveys to March 17, 1920, 90,855 ? .826 
acres. 

2. Public and Indian lands originally entered and allowed, 
106,372,021 acres; including 18,068 stock-raising homesteads covering 
11,562,520 acres. 

3. Lands patented to March 1, 1920, 91,604,204 acres -/in- 
cluding 56,988,574 acres under the homestead lax? up to July 1, 1919* 

4. Lands approved- and certified to the States under State 
grants, 9,917,280.05 acres. 

5. Approved and patented under the Minnesota Drainage Act, 
5,653 entries, covering 904.360 acres. 

6. Moneys collected from all sources, 043,411,678.62; cash 
expenditures for maintenance of service, 022,838,157.28; surplus of 

receipts over expenditures, 020,573,521.34. 

7. Lands recovered by field investigation, to February 9, 
1920, 2,634,850 acres. 

8 . Cases investigated and reported by the Field Service, 
157,964. 

9. .Moneys collected and turned into the Treasury by the 
Field Service, to February 29, 1920, . $1 ,138 ,473 .40. 

10. Secured as escrow deposits with oil land claimants under 
act of August 25, 1914, and special agreements, up to December 31, 
1919, 07*784,796.76 . 

11. Indian lands opened to homestead entry and other dis- 
position, 2,000,000 acres. 

12. Abandoned military reservations opened, 140,000 acres. 

13. Indian lands sold, 500,000 acres, for $1*350,000. . 

14. Townsite and kindred entries, 185, for which cash 
was received 097,443. 

15. Town lots sold, including Alaska, for 01,125,000. 

16. Obtained 5 coal leases in Alaska, under act of October 
20, 1914. 

-2- 



17. Issued. 11 potash leases, and 150 permits under the act 
of October 2, 1917. 

18. Obtained judicial decrees awarding title to the United 
States of 617 acres of oil lands in Louisiana, with 23 producing oil 
wells, and judgment for 0462,903 . 

19. Obtained judicial decrees quieting title in the United 
States for 75,000 acres of Arkansas "sunk lands," conservatively- 
valued at 04,000,000. 

20. Obtained judicial decree quieting title in the United 
States for 22,500 acres of Arkansas "lake" lands valued at 01,000,000. 

21. Prepared and issued six chapters of a new Manual of 
Surveys . 

22. Oregon and California Railroad grant lands classified in 
the field, 2,175,000 acres ; cruised 30,000,000,000 feet of timber; 
opened to entry 810,000 acres; timber on' 9,577 acres sold for 0341,985.84; 
applications for the exchange of 85,000 acres received; paid accrued 
taxes 01,529,947.57. 

23. Coos Bay Wagon Road grant lands classified in the field, 
9 3,078 acres; taxes paid 0547,224.10; timber on 1120 acres sold for 
080,811.30. 

24. Timber on ceded Chippewa lands, sold for $1, 904.057* 

25. Decided 17,113 litigated cases; dismissed 29,468 contest 
cases on default , 

26. Withdrew for stock driveway, after actual investigation 
in the field, up to and including March 18, 1920, 3,583,593 acres. 

27. Placed all work in the offices of Surveyors General on 
a cost basis. 

28. Devised new methods of restoration to entry of with- 
drawn or reserved lands, whereby contests and litigation are practically 

. eliminated. 

29. Prepared, up to December, 1919, 370 separate sets of 
regulations and instructions for the administration of new legislation. 

30. Drafted all reports on proposed public land legislation 
called for by Congress during the past seven years, many, of these reports 
requiring much careful study and original investigation. 

The readers of the Bulletin are familiar with the details and 
the processes by which our work is accomplished, and can realize some- 
thing of the significance of figures such as the above; they know of 

-3- 



the correspondence, controversies, and investigation that' may grow out 
of a single homestead case; they know something of the strenuous ef- ■ 
fort and hardship of surveying 00,000,000 acres of mountain, desert, 
and plain, scattered from the Arctic circle to the Florida swamps; they 
know that to make 157,000 field survey reports required that number of 
investigations, many under the most adverse circumstances and conditions, 
and in the most remote places ; they know of the hours and days of patient 
search of old records to ascertain the facts pertaining to an old title 
or boundary line; they know that to accomplish these things somebody' 
has had to do some work; in fact, they know- that we couldn't have done 
it if we hadn't all worked. 



SURVEY NOTES. 

Board of Survey and Maps t '■..'•• 

By an Executive Order of December 30, 1919, following cer- 
tain conferences, noted in the November issue of the' Bulletin, the 
President created a Board of Surveys and Maps "in order tc coordinate 
the activities of the various map-making agencies of the Executive 
Departments of the Government, to standardize results and to avoid 
unnecessary duplication of work ." The Board is composed of one 
representative of each of fourteen surveying or map-making organiza- 
tions of the Government . . In pursuance of this order the members of 
the' Board have perfected a permanent organization and.. have adopted 
by-laws and rules of procedure • O.'C. Merrill, Forest Service, has 
been chosen Chairman, William Bowie, Coast Geodetic Survey, Vice- 
Chairman, and ■' C » H. Birdseye, Geological Survey, Secretary. Frank 
Bond, has been designated a representative of the General Land Office, 
with' our Arthur D. Kidder, appointed alternate, ,'Mr* Bond has oeen 
made a member of the Executive Committee and is chairman of the com- 
mittee on cooperation. Mr, Kidder has been made a member of the com- 
mittee on control o The first public meeting was held March 9, 1919, 
in the Auditorium of the Interior Department Building. The following 
program was carried out: • ■ 

1 . Coordination of Government Mapping and Surveying 
through the Board of Surveys and Maps . 

0. Co Merrill, Chairman of Board.. 

2. Report of Joint Committee of Non-Federal Agencies 

M. 0. L eight on, Chairman of National Service Committee Engineering 
Council . 

3. Need for a General Topographic Map of the United States 
and Means by which its Preparation may be Expedited.. 

(a) From a General Public Standpoint. 

• Prof. W. 0, Hotchkiss, Pres. Am. Association of State 
Geologists. 

(b) From a Highways Standpoint . 

Thomas G. MacDonaid, Director, Bureau of Public Roads. 

-A- 



(c) From a Railroad Standpoint. 

A. C. Baldwin, Vice President, Illinois Central Railroad, 

( d) From a Military Standpoint . 

Col. C. 0. Shorrill, Corps of Engineers, U.S. Army. 

(e) Present Status of Map and Rate and Cost of Completion. 
George Otis Smith, Director, U.S. Geological Survey. 
William Bowie, Chief of Division of Geodesy, U. S. 
Coast and Geodetic Survey. 

4. Extent and Means of Cooperation between the Board and 
other Agencies. 

(a) Federal Agencies. 

Edwin F. VJendt, District Engineer, Interstate Com- 
merce Commission. 

(b) State and Municipal Agencies. 

Prof. Frank w". DeWolf , State Geologist of Illinois. 

(c) Non-Governmental Agencies. 

Alfred D. Flinn, Secretary, Engineering Council. 

5. Fublic Needs which a Central Map Information Office may 
serve . 

Edward B. Matthews, Chairman of Division of Geology 
and Geography, National Research Council. 

6. General Discussion - Any Topic. 

Traneitmon, 

The Civil Service Commission has been requested to offer 
an examination about May 1, for the position of transitmen, general 
land office .service, exact date to be announced later. Examination 
'will be somewhat different from previous examinations. It will not 
include a test for the grade of surveyor, but will be conducted 
strictly in the interest of obtaining qualified transitmen. The 
subjects: (l) Mathematics j (2) Theory and practice of plain, topo- 
graphic and elementary geodetic surveys (3) Public Land Survey 
and (4) Adjustment and Use of Instruments, will be covered in an 
examination of one day of seven hours. The applicants will also 
be graded under subject of (5) 'Training and Experience. The age 
limits are twenty and forty years. 

Status of Appropriation , 

Supervisor Johnscn has recently completed a careful in- 
vestigation of the status of the general appropriation: "Sur- 
veying the Public Lands" and finds that it is considerably below 
normal for this time of year. The Supervisor reporto that for 

-5- 



the balance of the fiscal year the Surveying Service will concentrate 
on- ; surveys payable from other appropriations (Indian funds, special 
deposits, etc.) with a' view to saving' enough to take care of the special 
surveys under' the general appropriation, which can not be deferred 
beyond June 30th. 

Field Equipment , 

The Buff and Buff Manufacturing Company of Boston, Massa- 
chusetts, .reports that ten solar transits ordered in June, 1919, for 
delivery within ninety days 'Will be ready for testing about April 1st. 
17. g.nd L. E. Gurley, of Troy, Net/ York, report that, eight solar transits 
ordered in June, 1919,- for delivery within ninety days, will be ready 
for inspection about April 1st. Royal "Typewriter Company, reports 
that they are no longer manufacturing the Royal No. 5 Typewriter, which 
has been largely used in the Surveying Service.' A search in being 
made at the various .offices of the Royal Company to ascertain the' 
number of Royal No. 5 machines still on hand, which could be furnished 
to the Surveying Service. The solar transit used in the Surveying 
Service of the General Land Office is a highly specialized instrument, 
which has been designed and improved in this Surveying Service, but 
it is not used by engineers to any considerable' extent in their 
general surveying work* The instruments are built on special order 
on specifications prepared in the General Land Office. The Royal No, 
5 typewriter is a portable machine, which has been found especially 
satisfactory for field uce, but is also a first class office machine, 
and for seme years the Surveying Service has standardized on this 
typewriter . 

Supervisor of Surveys. 

The annual visit of Frank M» Johnson, Supervisor of Sur- 
veys, covered the period from January 15, to March 15, I9'20. During 
this time Mr* Johnson was in close consultation with the' Commissioner 
and with the Chief of the Surveying Division. Matters of large ad- 
ministrative importance are covered in these visits. The. estimate 
for the fiscal year 19 21 was given a careful review and data fur- 
nished to Congress outlining the situation in respect to prospective 
survey of public lands. While in Washington, Mr. Johnson also re- 
viewed with the Commissioner the current survey situation, both in 
regard to technical questions and matters of personnel, and plans 
for the field season of 1920.- 

Reclassif ica.ta.pn Report , 

The report of the Reclassification Commission contains a 
much appreciated recognition of the work of the examiners and chief 
and assistant chief of the surveying division of the General Land 
Office. The technical work conducted in this division of the office 
has been placed exactly where it belongs — 'on a par with other 
general engineering work. -It has been recognized .that this work 
calls for equal training and experience', required in other branches 

-6- 



of engineering, and that the responsibilities of the personnel in 
reference to matters of survey procedure, including the consequences 
of their decisions in effect upon vested rights in questions of land 
boundaries, are very large and easily comparable with the responsibil- 
ities carried by those in administrative control of other engineering 
work . Three grades are provided: Associate Cadastral Engineer, 
Cadastral Engineer, and Senior Cadastral Engineer, which correspond 
with the three upper grades in the other various engineering branbb.es 
covered in the report of the Reclassification Commission. 

Seasonal Outlook . 

The opening of the surveying season for 1920 finds the sur- 
veying service with an unusually large amount of important work on 
hand awaiting attention. From settlers alone there are applications 
covering 

(a) 85 townships awaiting examination as to the bona 
fides of the applicants. 

(b) 107 townships authorized for survey and being grouped . 
(g) 395 townships grouped, but field work not completed, 
tinder State applications there are: 

(a) 8 townships in pending applications. 

(b) 79 townships authorized for survey and being grouped. 

(c) 87 townships grouped, but field 7/ork not completed, 

making a grand total of 761 full and fractional townships . 

The expense of surveying these townships is directly chargeable 
to the regular appropriation for surveying public lands. 

In addition to this work, there are 04 townships in the pri- 
mary limits of the grants to railroad companies, grouped for survey but 
field work not completed, all payable, in so far as the granted lands 
are concerned, from deposits that have been made by the railroad* 
companies, 108 townships within Indian Reservations, payable from the 
appropriation for Surveying and Allotting Indian Reservations, odds 
and ends of miscellaneous work, such as deposits by individuals under 
Section 2401 R. S., surveying Abandoned Military Reservations, Town- 
sites, surveys payable from reclamation funds, segregation of mineral 
lands from agricultural entries ana survey of boundaries of Indian 
Reservations, Private Land Claims and Small Holding Claims. 

Next in importance to these original surveys, but far ex- 
ceeding them in the matter of complications, both as to technical 
and legal requirements, is the work of resurveying townships here- 
tofore returned as surveyed. This work is fast growing to be the 

-7- 



most important field of activity that engages the attention of the sur- 
veying branch of the service and even now demands more attention, •es- 
pecially in It's", administration and review, than does the larger volume 
of work involved in original surveys, which is governed by fixed rules 
of long standing.' „,'■'-' . . . • 

Baca Location No. 1 ,' 



>.. 



The old problem of surveying the boundaries of a tract of 
land so as to produce a given area, which is the reversal' of the usual 
procedure encountered in public land surveys, was presented in a new 
form in connection with, the res.urvey of 'the boundaries of the Baca 
Location, No. 1, in" New Mexico. The requirements are to produce a' 
tro.'ct in square form,' having for its center a quarter-section corner 
on 'the south boundary of Sec. 34, T. 20 N.,.R. 4 E., N. H. P.' M., with 
the boundaries running north, south,' east p.nd west, a sufficient dis- 
tance therefrom to embrace an area; of ' 99 ,298.39 acres. The special 
instructions issued under Group No. 107 will'., in the opinion of this 
office, produce results that will conform closely to the terms of the 
Act . . . .. . ■ -..'■■•.. 



M o nt ana T o w ns it e s T 



Instructions were approved during the past month for the 
survey of three townsites in Montana, namely, West Yellowstone, situ- 
ated at the western entrance to Yellowstone National Park; Noxon, on 
the Northern Pacific Railroad in T. 26 N*, R. 32 IT., and Lonepine, on 
the. Flathead Indian 1 Reservation, T. 22 N*, R. 24 W. 

. Through the courtesy of the National Park Service, the 
landscape engineer of the Yellowstone National Park will be detailed 
to assist in laying out the first named townsite so as to make a 
feature of the fact that it constitutes the western gateway to the 
Park . 

Hualpai Reservation 

The survey of the Hualpai Indian Reservation, Arizona, 
presents one of the largest undertakings now before the Surveying 
Service. The work is divided into six groups, covering an area of 
nearly one million acres. The expense of the survey will be divided 
equally between deposits that have been made by the Santa Fe Pacific 
Railroad Company and the appropriation for Surveying and Allotting 
Indian Reservations. 

Yakima Reservation . 

The general misunderstanding as to what constitutes the 
true west boundary of the Yakima Indian reservation, Washington, will 
be removed when the surveys provided for under Group No. 56, Washing- 
ton, recently approved,, are . executed - Under the 'treaty with the 
Indians on June 9, 1855 (25 Stat., 951), as interpreted by the 

-8- 



U.S. Supreme Court in the case of the Northern Pacific Railway Company 
vs. United States (227 U.S. ,355), the line vail follow the ridge from the 
headwaters of the south fork of Atanum River, by Spencer Point, Goat Rock, 
Wolf Hump, Blazed Trees and Grayback Peak, The survey of the line was 
originally provided for under Tract No. 632, approved November 10, 1905, 
but was afterwards canceled, and unfortunately the line has never been 
represented on any official maps or plats. 

FIELD SERVICE NOTES. 

Fram Helena: 

In the case of United States vs. Lee Roy Hughes, and the case of 
United States vs. John H. Hughes, involving perjury in the final proof 
on Great Falls homestead entry 025833, these defendants came in two or 
three days ago and entered pleas of guilty, and were each fined $150.00 
and costs. A similar case against Edward Hughes, in connection with the 
same proof, resulted heretofore in a plea of guilty by the defendant. 



In the case of United States v. Samuel J, Stanton et al, on March 
10, 1919, Special Agent John M, Blumer submitted report to your office, . 
which was approved March 13, 1919, recommending the indictment and crimi- 
nal prosecution on a charge of perjury, of Samuel J. Stanton, David F. 
Gilstrap, Roger Beckner, Esley H. Gilstrap, Kirk Gil strap and John U.Manley. 

At the June> 1919, term, the Federal Grand Jury of the U. S. Dis- 
trict Court for the District of Montana returned indictments for perjury 
against Samuel J, Stanton, David F. Gilstrap, Kirk Gilstrap, Esley K. 
Gilstrap, Samuel E. Conn, and 'Roger Beckner. 

The trial of the case of United States vs. David F. Gilstrap on 
two counts of perjury commenced at 9:30 a.m. on March 9, 1920, and was 
submitted to the jury at 10 a.m. on the following day. The jury was out 
thirty minutes and returned a verdict of guilty on both counts. 

The trial of the case of United States v. S a muel J. Stanton was 
commenced at 10 a.m. on March 10, 1920, and went to the jury at "3 p.m. on 
March 11, 1920. Late at night the jury returned a verdict of guilty to 
the first count of the indictment (swearing falsely to the settlement af- 
fidavit), but acquitted on the second count of giving false testimony be- 
fore the Register and Receiver, having previously requested the Court for 
additional instructions as to whether or not, if the defendant v/as- sworn 
on Saturday, but did not testify until the following Sunday, this would 
justify his acquittal on this count. Although the Court instructed the 
jury that the oath was valid, the failure to convict on a second count 
indicated that some of the jurors were of the opinion that evidence given 
on Sunday did not constitute perjury. Four prominent residents of Chouteau 
County, Montana, were placed on'the stand to testify to Stanton's good 
character. 

The trial of the case of United States vs. Kirk Gilstrap commenced 
on the afternoon of March 11, and was completed about 11 a.m. March 12. The 
jury returned a verdict at 11:30 a.m. March 13, 1920, of guilty on both 
counts charged in the indictment. 

-9- 



Sentence of. six months imprisonment in 'the county jail, $150.00 • 
fine, and costs, amounting to"01Q15.87, was pronounced- against the de- 
fendant Samuel J. Stanton,, "and he was given a stay of sentence ur.trl May 
10, 1920, in order to put in his crops. The 'defendant's, David P. Pilntrap 
and Kirk Gilstrap, each secured a stay of sentence in order to file motion 
for a new trial, on the ground that, having been sworn on' Saturday, and not 
having testified until the Sunday following, they were not guilty of an 
indictable offense. 

She cases of United States v. Samuel E. Conn and Esley H, Gilstrap 
were continued for the term upon a_ showing made that, two of the defendants' 
witnesses were- absent from, the State. 

From Denver , • '■'•■'" 

Over a hundred inquiries have, been made by- citizens of this State 
as to. the new coal and oil land leasing regulations* We have referred all 
of them to Washington headquarters." 



Reports from the Glenv/ood Springs Land Office are to the effect 
that applications for permits en 25,600 acres of oil shale land have been 
filed in that office during March, 'up to the 18th. Four applications for 
permits to. drill for oil have been filed' for lands in the Rangely withdrawn 
oil field, and two coal permit applications,' also, have been filed in the 
Glenwood Springs Land 'Office during this' period. 

The oil content of the Colorado oil shales, it has been estimated, 
is much greater, than all the oil and gasoline manufactured in the United 
States during the past seventy-five years. 



Radium is getting cheap.' A half gramme of Colorado radium sold in 
Denver on March 19 .for 056, 000 cash. 

Charles Rath, a former mineral examiner in the San Francisco and 
Cheyenne DivisionSj-"gave expert testimony in Denver this week for the 
Government on a section of California gold' lands.. 

From Santa Fe : ' , ' 

II - l .! . .! ..II — » .. I, || , ,J | ., 

In addition to our oil excitement we are now being furnished 
with information to the effect that a' large and valuable discovery of 
tin, heretofore unknown, has been located about ■thirty miles west of 
Chloride, New Mexico. The samples assayed as high as 53 per cent tin. 
According to the information New' York capital has been interested in 
the discovery and. great development is promised-. 

It has also' been reported that radium has been discovered in 
Grant County, in the White Signal Mining District. Tests have been 
made whi ch disclose that radium in commercial' quantities has been located. 

If these alleged discoveries are true they vail be of great im- 
portance owing to the scarcity of both tin and radium. 

It looks as though we were beating t,he high co>st of automobile 

-10* . . 



hire in the use of the government machines.. The three machines 
signed to this division were operated for the months of Jaj 
February at a monthly average expense of $53.00 each. A total mileage 
of 5443 miles wa^s made. 



Recently we had occasion to examine a report by a special 
agent who was formerly employed in the Washington Office. He stated: 
"The entrymar/s house in tovm v/as elegantly furnished. He has several 
chair.s upholstered much in the same style as the chairs in the office 
of the Chief Lav; Clerk of the General Land Office." I v/as wondering 
if the chairs described would be an inducement to the entryman to 
remain in town in place of residing on his homestead. 



Special Agent Peter Ilonoghan, Jr. has been granted three 
months furlough. I.Ir. Ilonoghan was agreeably surprised at the great- 
ness and extent of the Southwest. His desire to become more thoroughly 
familiar with the country made it impossible to endure the confinement 
incident to a special agent's duties. 



-Mineral Examiner V, H ; « "Vilhelm has "oeen granted a furlough 
for thirty days, during which time he will make some mineral investiga- 
tions in Mexico . 



Special Agents Henslsy-and Lepper have returned to the 
Helena Field Division. Both of them have court cases. 



The public land business in New Mexico and Arizona is 
flourishing. Every local office 'in these states is crowded with 
work of all kinds. The rush no doubt is occasioned by the great 
activity in the search for oil and minerals. Every one is trying 
to complete his title before important discoveries are made. 



The big oil companies and mining corporations continue put- 
ting their excess profits into development work, especially in New 
Mexico. ' ■■■ •• 



Persons interested in obtaining prospecting permits under 
the new leasing law are very anxiously awaiting the departmental 

-11- 



instructions under said lav;. The big monuments, the erection of which 
is required by the act to insure a preference right in connection with 
prospecting permits, are now a common sight throughout this district.' 
It has been reported in several instances outdoor ovens constructed of 
mud and stone, located favorably, have been used to serve as monuments. 

From. Jack son: 

Mr, Charles \7. Atkinson, Chief of Southern Field Division 
resigned effective February 15, 1920. Mr. Atkinson was connected vdth 
the service for many years and the employees of the Southern Field 
Division regret very much losing him as their head. Mr. Atkinson was 
presented vdth a handsome gold watch by the field men and clerks of 
the division as a token of their esteem and high regard. He will open 
law offices at Jackson, Mississippi, and at Fort Worth, Texas, and will 
specialize in public land litigation and oil operations. 

Mr. James W. Meal assumed the duties of Chief of Field 
.Division upon his return from Florida the latter part of February. 



The field force of the division has been materially in- 
creased since the first of the year by the influx of "snowbirds" as 

the boys of the division term them. 



Mineral Examiner II. W. MacFarren is working on an assign- 
ment of oil cases in Louisiana. 



Timber Cruiser and Mrs. I rank K. Andrews are in Florida. 



Special' Agent J. G, Hilrnan, and Timber Cruiser J. 3. 
Chatterton have also been working Florida assignments. 



Special Agent C . ^ . Fearl is co-operating with the Denver 
Division in the investigation of oil shale cases . 



The passage of the Oil Leasing Bill has created considerable 
excitement, and already, various and sundry applications for informa- 
tion have been received. Business will no doubt be very lively as 
soon as the "modus operandi" is put into operation by the &.L.O. 

-12- 



FIELD SERVICE COURT DOCKET. 



March 1920. 

On:? suit won in Louisiana for turpentine trespass on the 
public domain and compromise offer of y5,000 accepted and paid; one 
suit won for timber trespass in Oregon and compromise offer of y60« 
accept ed. 

Three indictments reported in South Dakota for perjury. 

Two convictions for conspiracy in Montana and two for 
perjury; fines of $150 imposed in each case — total $300. 



-i3 



DEVELOPMENT OF UNUSED LANDS. 

In the appropriation for the United States Reclamation 
Service for the fiscal year 1919, the Congress made the following 
provision for the investigation of swamp and cut-over lands: 

"For an investigation to be made by the Director 
,of the Reclamation Service of the reclamation by 
drainage of lands outside existing reclamation 
projects and of the reclamation and preparation 
for cultivation of cut-over timber lands in any 
of the States of the United States, including 
personal services in the District of Columbia and 
elsewhere, purchase, maintenance, repair, hire, 
and operation of motor-propelled or horserdrawn 
passenger vehicles, and for all other expenses, 
there is appropriated, out of any money in the 
Treasury not otherwise appropriated, ;)100,000 
(40 Stat., 676 .)" 

As the result of this direction a report was submitted by 
our former Secretary, Mr, Lane, under date of October 6, 1919, and 
is now printed as Document No. 262, 66th Congress, First Session. 

The letter submitting the report is given herewith . 

Interior Department, 

Washington, October 6, 1919. 
Dear Mr. Speaker: 

Herewith I transmit a report upon the development of 
the unused lands of the country made under authority 
of the last Congress. 

This report in much detail gives the possible projects 
which are available in the various States. The field 
has not been fully covered because the appropriation 
made was not sufficient to go further. We have, how- 
ever, gone far enough to demonstrate that in most of 
the States, North, South, and West, there are great 
bodies of unused lands which with drainage or cler^ring 
can be made available at a comparatively small cost 
for farms. 

This work has been carried on in the prospect that the 
Congress would see fit to give to our returned soldiers 
and sailors an opportunity to go upon these lands under 
proper guidance and convert them into home farms for 
themselves. There are one or more bills pending before 
Congress having this end in view. It is a work that must 
in my opinion be undertaken soon if we are to maintain 

-If- 



our position as a self-supporting people. And surely no other 
group deserve this opportunity more than the soldiers in the 
late war. I would not urge this as an exclusive method of 
stimulating and recognizing the ambition of cur soldiers, 
but I believe it to be one method that carries good and no 
harm to the country and to the men themselves. 

If the objection is raised that the Federal finances 
will not support the drain proposed. I beg to advise that 
I am authoritatively informed' that there will be no dif- 
ficulty in selling 0500,000,000 in Government 3 3/4 per 
cent nontaxable bonds which would be sufficient to cover 
the expenditures contemplated under the Smoot-Mondell bill. 
This would be in the nature of a reimbursable fund, the 
v/hole being repaid over a long period by the farm owners. 

Cordially yours, 

FRANKLIN K. LANE. 

Hon. Frederick H. G-illett, 

Speaker of the House of Representatives. 



SERIAL NUMBERS - A VOICE FROM LAMAR . 

As there are so very few people, who in writing the Land Of- 
fice regarding their entries, will ever refer to their serial number, 
ws framed up a little stamp, a copy of which you will find below, and 
now every time that we stamp a' serial number on an entry, we stamp it 
also on this little form and either hand it to the party at the counter, 
or else mail it to them with- their receipt, and we are very much pleased 
with the result which we are getting from it. 

Your Serial Ne . is 027294. V/hen 
wishing information refer to SAME 
"Paste this in your Hat" 



FAMILY LETTER 



From 1 Juneau. Alaska. 



The last day or so is the first time the sun has shone for 
any considerable 'number of minutes, since last December, so I am in 
a very pleasant frame of mind, such as one should have when he writes 
letters. However, ' outside of a very cold snap lasting a month or so, 
this- present winter has been very good . Of course, winters in Alaska 
are not always plea.sant considering the short period of daylight and 
the cold blustery weather in general. 



-I5j- 



Lest you get an erroneous impression that we fellows here 
travel on flowery beds of ease and moss, and that grub is as plenti- 
ful as the shew, I will say that when 'you travel on moss you travel 
with about 1,000,000 mosquitos, and there is a well-known adage that 
"man cannot live by spuds alone." And keeping a fire going more or 
less during every day in the year ain t t no j eke with coal at $18.00 
per ton and poor coal at that . As to the pleasures of travel, I 
enclose herewith, as Exhibit "A" , a little photo showing all that 
remains of the Canadian Pacific liner "Princess Sophia" which went 
on the rocks in a blinding snowstore in Lynn Canal near Juneau, 
afterwards sinking with e^ryone on b aaru lost - 343 souls „ With 
a pathos and .irapres'siveness that no living lips can equal, or even 
approach, this photo, preaches to us sermons that cannot be trans- 
lated into words - Most eloquently it tells us what little chance 
anyone has who travels the treacherous, wind-swept waters of Alaska, 
and all of us here must reconcile cur ears to notes of mourning. 
Even more dangerous is it to travel by gas boat, pounding the rough 
seas. At first -you get ao sick you are afraid you are going to die; 
after that you are afraid vdu w on't die. Sometimes the ws.ters are 
calm for many hours at a stretch, then all of a sudden a storm will 
come up and lucky ycu are if you get into a safe port- The shores 
of Alaska are strewn with wrecks of shattered boats, - some of which 
developed engine trouble just at the moment when the utmost 'power was 
needed to combat the waves and disaster was the result . I had quite 
a narrow escape in a small boat in Dyea Inlet soon after my arrival 
in Alaska . 

Furthermore, we have lots of land and snowslides. On 
January 2, 1920, a landslide cane down the mountainside right to 
the center of town here in Juneau, and the habitations of four man 
became their tombs - and a dozen seriously injured. 

Consider the lot of the G.L.O. employee at Washington, D.C . 
He sits in a swivel chair all day, occasionally pushing a gold pen 
across some embossed stationery. At night he takes ir. a. good show 
or cabaret, and enjoys every modern convenience known to man. At 
the end of the month he has his pay brought to him. Pretty soft - 
pretty soft. 

Notwithstanding and nevertheless, I like Alaska very well 
and it has been a wonderful experience for me and I have enjoyed 
my field trips, notwithstanding the occasional hardships. However, 
I would like to make a trip back to the G.L.O. again and renew ac- 
quaintances . Summer would be best time, as I could thaw out then, 
after being two years in Alaska. It seems that it was just a little 
while ago that I' worked in your room - back in 1913. 

We were all shocked here to learn of Major Donnelly's 
death. We heard this through the Land Service Bulletin and I will 
say that this Bulletin is certainly one of the finest things the 
G.L.O. puts out. It keeps us posted on things of a personal and 
official nature and the articles are very entertaining and in- 

-16~- 



structive . I hope the C-.L.O. will always continue to issue it. 

I am also enclosing a photo taken at Haines, Alaska, shoving 
the Government motorcycle. You will notice the startling fact that 
the sun was shining on this occasion. Very seldom could a picture like 
this be taken at Juneau. IVhen I first arrived in Juneau it had been 
raining steady all the way up and at every town where we stopped. I 
asked an old-tim'or how long it had been raining steady like this. He 
said "Don't know, I've only been here 3C years." 

• . February 28, 1920. 



UNREPORTED CIRCULARS - TAX LISTS - DELIVERY OF PATENTS. 

Pertinent Suggestions From Duluth . 

In the Bulletin for March I noticed that the Helena office 
suggested bound volumes of unreported circulars be furnished local 
land offices. Why not bound volumes of all circulars in numerical 
order for each calendar year? The- -circular is a very valuable source 
of information, and should be preserved in size and shape for ready 
reference* 

I notice that the Belief ourche office suggests that State 
tax lists be copied from certificates every month. This office has 
made it a part of its daily business to make such copies since the 
Serial Register was established in 1908* That is, a part of the 
preparation and posting of a final certificate is its notation on 
the blank to be forwarded to the State officer for taxation purposes: 

But above all, this office has felt for years that there 
could easily be established e. far better method of handling patents. 
It would require legislative action, but I am convinced that, some 
measure could be enacted providing that patents, upon receipt by 
the local office could be properly posted, and then forwarded to the 
register of deedsfor the county in which the land is located for 
record and delivery. If any one has a plan of action, let him print 
it in the Bulletin. 



•17- 



OIL AND GAS APPLICATIONS — INSTRUCTIONS 
Circular Mo. 674. 

DEPARTMENT OF THE INTERIOR 
GENERAL LAND OFFICE 

Washington March 18, 1920, 



Registers and Roc elvers, 

United States Land Offices-. 
Sirs: 

Regulations (circular 672) for the administration of the oil and 

gas provisions of the Act of February 25, 1920 (Public No. 146), wore 

approved on March 11, 1920. You will now take up all applications of 

whatsoever kind or character under the oil and gas provisions of said 

Act, filed in your office prior to the receipt of said regulations, 

and enter sane on your serial register and give each such application 

a serial nunbor; you will thereupon nail to each applicant a registered 

notice in substantially the f ollowing form: 

DEPARTMENT OF THE INTERIOR 
UNITED STATES LAND OFFICE.- 



Sir: 

Referring to your application for an oil and gas lease or pros- 
pect or*s permit under the Act of February 25, 1920 (Public 146), filed 
in this office on , covering the following described lands, 



you are hereby notified that you will be allowed thirty days from receipt 
of this notice within which to prepare, execute, and file in this office, 
a proper application for said lands or portion thereof, in accordance 
with the regulations for the administration of the oil and gas provisions 
of said Act (circular 672), copy inclosed, and to pay the fees required by 



-IS- 



paragraph 31 thoro'of, in default of which said application will 
finally rejected and the caso closed. 

Respectfully, 



Rerist or. 



Receiver. 
Similar procedure will be followed under the oil shale provisions 
of the Act (circular 67l). In case such proper application pursuant to 
thss regulations is tinely filed and fees paid, you will then note sane 
on your tract hooks and plats,- credit all suns received to "Trust Funds- 
Unearned Moneys," and transmit all papers to this office with your re- 
port as to status and conflicts. 

Very respectfully, 



CLAY TALLMAN, 

Connie si oner. 



Approved: 



ALEXANDER T. VOGELSANG, 

First Assistant Secretary, 



- 19- 



OIL AND GAS REGULATIONS -- AMENDED INSTRUCTIONS. 
Circular No. 676. 



DEPARTMENT OF THE INTERIOR 
GENERAL LAND OFFICE 

WASHINGTON March 25, 1920. 



Registers and Receivers, 

United States Land Offices. 
Sirs : 

The regulations (Circular No. 672) approved March 11, 1920, for the 
administration of the oil and gas provisions of the Act of February 25, 
1920 (Public No. 146) are hereby amended, modified and supplemented as 
follows : 

1. Sec. 1, paragraph (c) strike out the words: 

"provided that no stockholders are citizens of nonrecipro eating 
countries as provided in section 1 of the- act;" 

2. Sec. 4, paragraph (b) strike out the words: 

"and evidence that none of its stockholders are citizens of 
another country, the laws, customs and regulations- of which 
deny similar or like privileges to citizens of corporations 
of this count ry;" 

and substitute therefor the following: 

"and a showing as to the residence and citizenship of its stock - 
holdiers ;" 

3. Sec. 4, strike out paragraph (c) and substitute therefor the 
following: 

"(c) A Statement that the applicant is not the holder 
of more than two ether subsisting permits in the same State, 
nor of any permit in the same geologic structure, together 
with a statement of any other applications for permits in the 
same State, in which the applicant is directly or indirectly 
interested. In this connection attention is directed to the 
limitations and exceptions of Section 27 of the Act." 



-20- 



4. Sec. 12, the first paragraph is modified and amended to read 
as follows : 

"Preference right to owne r of surface .- A preference 
right to a permit 'is given to an owner or entryman of the land 
with a reservation of the oil deposits to the United States, 
under the following conditions: (a) the land must have been 
withdrawn or classified as oil or gas lands; (b) entry must 
have been bona fide and made prior to such withdrawal or 
classification, and prior to the date of the act; '(c) in case 
of an' assignment, sane must have been prior to January 1, 1918; 
(d) the land must not be claimed under any railroad grant." 

5. Sec. 15, paragraph (c) strike out the words: 

"an evidence that none.ofits stockholders are citizens' of 
another country, the laws, customs and' regulations of which 
deny similar or like privileges to citizens or corporations 
oft hi s c ount ry , " 

and substitute therefor the following: 

"and a showing as to the residence and citizenship of its stcck- 
holdiers." 

6. Sec. 17 of regulations, Sec. 2 of lease form, paragraph (d) is 

amended to read as follows: 

"(d) Sales Contract .-- To file with the Secretary of the 
Interior copies of all sales contracts" for the disposition 



^xiaxx Bibut i/O caiics ii.t) loyaiiiub iij. money iiiBiuau oi xn vx. 
or gas, not to sell or otherwise dispose of the products of 
the land leased except in accordance with a sales contract 
or other method first approved by the Secretary of the interior." 

7. Sec. 17 oi regulations, Sec. 2 of the lease form, paragraph 

(f), is amended to read as follows: . 

"(f) Plats an d reports . --To furnish annually and' at such 
other times as the Secretary shall require, in the manner and 
form prescribed by the Secretary of the Interior, a plat show- 
ing all development work and improvements on the leased lands, 
and other related information, with a report as to all buildings, 

-21- 



structures, or other works placed in or upon said leased lands, 
accompanied by a report in detail as to the s'trbckholders, in- 
vestment, depreciation, and cost of operation, together with a 
statement as to the amount and grade of oil and gas produced 
and sold, and the amount received therefor, by operations here- 
under." 

3. Sec. 18, strike out paragraph (c) and substitute therefor the 
following: 

"(c) That no claimant who has acquired any interest in the 
land since September 1, 1919, from another claimant who, on that 
date or since that time, was or is claiming or holding more than 
the maximum allowed a claimant under Sec. 18 of the Act, may 
secure a. lease under Sec. 18, or any interest therein. This 
limitation does not, however, apply to an exchange of an interest 
in such lands made prior to January 1, 1920, which did not in- 
crease or reduce the area or acreage held or claimed in excess 
of the maximum by either party to the exchange." 

9.- Sec. 18, paragraph (e) substitute the word "asserted" for 

the word "initiated." 

10. Sec, 18, strike out paragraph (g). 

11. Sec. 19, paragraph (c) (Royalties) is modified and amended to 
read as follows : 

"(c) Roy alt i es . - -The royalties payable under leases 
granted pursuant to section 18 of the Act are cumulative, and 
are hereby determined and prescribed as follows: 

For all oil produced cf 30 degrees Baume or over upon 
each claim on which the wells average not exceeding 20 barrels 
per day for the calendar month, 12-|- per cent.; upon each claim 
on which the wells average more than 20 barrels and not more 
than 50 barrels per day for the calendar month, 16-2/3 per cent; 
upon each claim on which the wells average more than 50 barrels 
and not more than 100 barrels per day for the calendar month, 
20 per cent; upon each claim on which the wells average more than 
100 barrels per day for the calendar month, 25 per cent. 
For all oil produced of less than 30 degrees Baume 
upon each claim on which the wells average not exceeding 20 
barrels per day for the calendar month, 12-|- per cent; upon 
each claim on which the wells average more than 20 barrels 
and not more than 50 barrels per day for the calendar month, 
14-2/7 per cent; upon each claim on which the wells average 
more than 50 barrels and not more than 100 barrels per day 
for the calendar month, 16-2/3 per cent; upon each claim on 
which the wells average more than 100 barrels per day for the 
calendar month, 20 per cent. 

Only wells which have a commercial production during 

=22- 



* 

at least a part of the month (Shall be considered in .ascertaining 
the average production heroin, and the Secretary of the Ir.t ;." ?r 
shall determine what are commercially productive wells under this 
provision. 

The royalties on gas produced, if any, will be fixed and 
determined in each lease." 

12. Sec. 20, strike but paragraph (f). 

13. Sec. 21, paragraph (a) strike out the words: 

"Only one permit for not exceeding 2,560 acres will be granted 
to the seme person, association, or corporation; hence all 
claims for relief in the form of a permit should be embraced 
in a single application." 

14. Sec. 25, paragraph (h), strike out the words: 

. "The statement of sa3,es 'Should be corroborated by the 
purchasers." 

15. Sec* 25, strike out paragraph (i), and substitute therefor 

the following: 

"(i) Inspection of records »-?• The, agreement on the part 
of the applicant to permit the inspection of any and all 
books, .records and amounts 'having any bearing en the data or 
information required by the application and to furnish copies 
or abstracts of such books, records, or accounts, on demand." 

16. Sec. 25, paragraph (k) is modified and amended to read as 

follows: . . .............. 

"(k) Limit at i on of area . — Applications for lease under 
Sec. 18 of the act should disclose all other applications, in 
which the applicant is directly or indirectly interested, for 
lease under said section for lands (describing same; in the same 
geologic structure; and applications .under Sec. 22 of the act 
should show all other applications for leases or ^permits under 
said section. The boundaries of the geologic structures of the 
various producing fields will be determined and announced by the 
United States Geological Survey under supervision of the Secretary 
of the Interior and such information will be placed on file in 
all United States land offices." 

17. Sec. 27, in the form of notice there set out, strike out 

the follo\'ang words: 

"together with c,r» application." 



-23- 



18. Sec. 28, paragraph (a) add the following words: 
",on or before August 25, 1920." 

19. The' following form of bond is prescribed for use in com- 
pliance with the requirements of paragraph (i), Sec. 4 of the regulations 
and paragraph 7 of the form of permit shown in Sec. 6 of the regulations: 



DEPARTMENT OF THE INTERIOR 
GENERAL LAND OFFICE 



U.S. Land Office 
Serial number 



Bond of Oil and Gas Permittee . 
Act of February 25; 1920 (Public No. 146). 

KNOW ALL MEM BY THESE PRESENTS^ That we, u i , 

of the county of . ., in xhe State of iiiil.ii., as '"principal; and 

,u. of ihe county of ..-.., in the State of 

, as surety j are held and firmly bound unto the United States of 

America in the sum of * . i ...... ; dollars, lawful money of the 

United States to be paid to the United States, for which payment, well and 
truly to be made, we bind ourselves, and each of us, and each of our heirs, 
executors, administrators or successors, and assigns, jointly and severally 
by these presents. 

Signed with our hands and sealed with our seals this 

day of ., in the year of our Lord one thousand nine hundred and 



The condition of the foregoing obligation is such that, whereas 
the said principal has made application under the act of February 25, 1920 
(Public No. 146), for a permit to prospect for oil and gas for two years 
upon the following described lands 

and whereas said permit, if granted, will be on condition that all operations 
shall be conducted in accordance with approved methods; that all proper 
precautions shall be exercised to prevent waste of oil or gas developed in 
the lands, or the entrance of water through wells drilled by, or en behalf 
of, the principal to the oil sands or oil-bearing strata to the destruction 
of the oil deposits. 

NOW THEREFORE, if said principal shall promptly repair any damage 
that may result to the oil strata or deposits resulting from improper methods 
of operation, or from failure to comply fully with the aforesaid conditions 
of said permit, then the above obligation is to be void and of no effect; 
otherwise to remain in full force and virtue. 

Signed, sealed, and delivered in presence of -- 



•?%&•> 



Nar.o and address of witness : 



(L.S.) 



Principal 



.(L.S.) 



jurei - 



Very respectfully, 

CLAY TALIMAN, 

Commissioner. 

Approved: March 25, 1920 
JOHN BARTON PAYNE, 

Secretary. 

Note.— A full supply of this circular will be furnished immediately 
same, is received from the printer. 



-25- 



SOLDIER'S ADDITIONAL HOMESTEAD RIGHTS - INFORMATION 



DEPARTMENT OF THE INTERIOR 
GENERAL LAND OFFICE. 
WASHINGTON 



Any officer, soldier, seaman, or marine who served for not less 
than 90 days in the army or navy of the United States during the Civil 
War, receiving an honorable discharge therefrom, and who, prior to 
June 22, 1874, the date of the adoption of the Revised Statutes, made 
a homestead entry for less than 160 acres, may, under section 2306, 
Revised Statutes, enter an additional quantity of land which added 
to the previous entry will not aggregate more than 160 acres. 

» 
This right was extended by section 2307, Revised Statutes, to 

the widow, if unmarried, otherwise to the minor orphan children. The 

soldier's additional right may he used (l) by the soldier in his 

lifetime either directly by entering the land cr indirectly, in his 

lifetime, by conveying his right to entry tc an assignee; or* (-2), 

similarly, by the widow, while her status as widow* of the soldier 

continues; or (3), similarly, in the absence of appropriation by 

the soldier or his widow, by the minor orphan children, during 

their minority, acting through their lawful guardian. If this 

right is not exercised in the manner indicated and within the 

term during which it is appropriable, the right lapses and ceases 

to exist. Unused, it never becomes an asset of the estate of the 

soldier, widow, or child. 

Under the decision of the Supreme Court of the United States 
in the case of Webster vs. Luther (163 U. 3., 33l) , the right is 
ASSIGNABLE without restriction, and residence and cultivation are 
not required in its exercise, either by the original beneficiary 
or by his assignee, no matter whether the original entry was per- 
fected or abandoned. In view of these facts these rights are 
eagerly sought by so-called scrip-dealers, who make inquiries 
calculated to disclose the existence of such rights, negotiate 
for the purchase of assignments thereof, and afterwards sell the 
rights so procured to parties desiring to locate them upon vacant 
public lands. Considerable fraud has been detected in connection 
with these rights, caused by matching the name of a soldier with 
that of an entry man, and several convictions have been secured 



r.26- 



against persons guilty of such practice, (See U. S . vs. Davis, 231 
I 1 . S.j 133).. All persons are caution.'' ;ai ist signing any a 
me'nt or affidavit in connection with the sale of these rights unless 
the;/ are sure as to the truth of the statements contained therein. 
IThat these scrip dealers propose to purchase is not the land entered, 
but the right to make additional entry for the difference between the 
area of the land entered and 160 acres «. Soldiers of the Civil war 
and their widows receiving inquiries from these scrip dealers must 
net assume because the scrip dealer has found a record of an entry 
made by a person with a name merely similar to that of the soldier, 
or even of the same name, that the entry was in fact made by the 
soldier and that an additional right exists. Practically all of 
the letters addressed tc such persons by scrip dealers are merely 
letters of inquiry, and it has been found that such letters of in- 
quiry-are being addressed to scores of persons having names similar 
to those of persons who made entries prior to June 22, 1374; for 
instance, scrip dealers have written to dozens of persons bearing 
names such as John Adams, John A. Adams, John 3. Adams, John C. 
Adams, etc ., asking whether the soldier addressed, or the husband 
of the widow addressed, was the same person who made an entry in 
,the name of John Adams. Soldiers who made homestead entries 'will 
doubtless remember the fact; those who never made homestead entry 
should bear in mind that there are many persons having similar names, 
also that the entry may have been made by a person who was never a 
soldier, and it is earnestly suggested that- they promptly advise the 
writers of these circular letters that they never made homestead 
entry, in lieu of a requesting this office for information regarding 
the entries referred to by these scrip dealer's . .This office did 
not maintain an alphabetical index of entrymen prior to July 1, 1908. 
If this circular is sent in -reply to an inquiry regarding an entry 
which has been vaguely described by come scrip. dealer as having been 
made in a certain year and in a certain county and State, it is 
suggested that the writer of the inquiry request the scrip dealer 
to give' him or her a full description of the entry by subdivision, 
section, township and range, the serial number of the entry, the 
name of the local land office and the final certificate number a- 
if an;/, which will enable this office to readily identify the entry. 

This office does not pass upon the question of whether or 
not an additional right exists in the absence of an application for 
a specific tract of land, which must be a3c.0Tipa.nied by a record of 
the military service, description of the entry made prior to June 22, 
1374, competent evidence showing identity of the soldier with the 
entryman, that no subsequent entry has been made, and that the right 
has not been previously assigned. If the right is sought to be 
located by an assignee, appropriate evidence must be submitted show- 
ing that he is entitled, thereto by assignment. 

If it is desired to personally exercise such a right, the 

-27- 



owner thereof must first select a tract of land and then rile formal 
application therefor in the United States local land office for the 
district in which the land desired is situated, accompanying the same' 
with the evidence' as to existence and ownership of the right above 
indicated, and also the usual non-mineral and non-occupancy af f idavits - 
Further information v/ill be furnished by the local land office for the 
district in which the partidular tract' desired is situated. Owing to 
the advanced age of the soldiers of the Civil War and their widows, 
applications to personally exercise a right are very rare and prac- 
tically all of these rights are located by assignees. 

The purchase and sale of there rights is a private transaction 
in which the Government is not interested until an application is pre- 
sented for a specific tract of- land; therefore this office can furnish 
no information as to the' value of such rights. The purchase "price must 
be fixed by agreement between the parties interested. This office has 
no blank "forms of assignment. 

There is no law under Which soldiers or their widows can be 
given 160 acres of land merely by reason of military service. No 
specific tracts of land were given to soldiers of the Civil V/ar ; the 
bounties given for service in that war were paid in money. The soldier's 
additional homestead right exists only under the circumstances stated 
in the first paragraph of this letter. Certain privileges are granted 
to soldiers, their widows and minor orphan children in connection with 
the general homestead laws,' but these privileges are not assignable and 
can only be asserted in connection with an actual entry upon vacant 
public land upon which they will have to meet certain requirement's as 
to residence, cultivation and improvements. A separate circular is 
issued on this subject. 



CLAY TALLMAN, 

Commissioner . 



-28- 

(1846)'. •• 



i tUCTIONS - SALE OF CEDED CHIPPEWA ISOL I 
OF LAUDS IN EINNE30TA. 

Circular No. 63G l/2 

DEPARTMENT OF THE INTERIOR, 
GENERAL LAND OFFICE, 

WASHINGTON March 26, 1919. 

Registers and Receivers, 

Cass Lake, Crookston and Duluih, Minnesota, 
Sirs : 

"our attention is directed to the act of Congress approved 
February 4, 1919 (40 Stat., 1055), entitled "An act for the sale of 
isolated tracts of the public domain in Minnesota." Said act reads 
as follows: 

"That the provisions of section twenty-four hundred and 
fifty-five of the Revised Statutes of the United States as 
Amended by the -Act of March twenty-eighth, nineteen hundred 
and twelve (Thirty seventh Statutes at Large, page seventy- 
seven), relating xo the sale of isolated tracts of the public 
domain, be, and the seme are hereby, extended and made appli- 
cable to ceded Chippewa Indian lands in the State of Minnesota;; 
Provided, That the provisions of this act shall not apply to 
lands which are not subject to homestead entry: Provided fur- 
ther, That purchasers of land under this act must pay for the 
lands not less than the price fixed in the law opening the lands 
to homestead entry." 

The Chippewa lands subject to sale under said act are only those 
which have been opened to homestead entry . Any application for the sale 
under said act of Chippewa lands not listed as lands subject to homestead 
entry in some Chippewa agricultural schedule should be rejected. 

Applications to purchase these lands as isolated tracts and sales 
thereof as such tracts will be governed by the general regulations govern- 
ing the offering at public sale of public 'lands under said section 2455 
as amended by the said act of March 28, 1912. See instructions of 
January 11, 1915 (43 L. D„, 435- Circular ho, 371). However, purchasers 
of land subject to sale under said act mtist pay for the lands not less 
than the price fixed in the lav; opening the lands to homestead entry. 

In referring amplications for the sale of any tract under the isolated 
tract lav/ to the Chief of Field Service, this offic.e,for report as to the 
value of the land and any objection he may wish to interpose to the sale, 
you will accompany the application with a statement showing the date when 
and the price at which the land was opened to entry. 

Very respectfully, 
Aooroved* CLAY lALLMAtt, Commissioner. 

ALEXANDER T. VOGELSANG, 

First Assistant Secretary. 

-29- 



REGULATIONS FOR THE SALE OF LOTS IN THE TOWNS ITE 
OF BLACKFOOT IN THE BLACKFEET INDIAN 
RESERVATI ON, MONTANA . 



DEPARTMENT OF THE INTERIOR 
General Land Office, 

Washington March IS, 1920. 



The Honorable, 

The Secretary of the Interior. 

Sir:. 

There appears to be a demand for the public sale of the un- 
reserved, and unsold lots and tracts in the towns it e cfr Blackf oot, in 
the Blaekfeet Indian Reservation, Montana* 

I, therefore., recommend "that under the provisions of the act 
of March 1, 1907 (34 Stat*,, 1039 ) 9 the unreserved and unsold lots in 
the townsite of Blaekicot, be offered for sale at public outcry, under 
the supervision of the Superintendent of Opening ard Sale of Indian 
Reservations, at not less than their appraised value, on April 6, l3?.0j 
at said townsite, beginning on the date mentioned and continuing "'.here---" 
after from day to day g Sundays and holidays excepted, as long as nay be 
necessary, in the manner and under the terms hereinafter prescribed* 

Manner — 3ids may be made either in person or by agent, but 
not by mail nor at any time or place ether than the time and placo whea 
the lots are offered for sale hereunder, and any person may purchase any 
number of lots and tracts for which he is t.ie highest bidder* Bidders 
will not be required to show any qualifications as to age, citizenship 
Or otherwise* If any successful bidder fails to make the payment re- 
quired on the date of the sale, the lot or tract awarded to him shall 
be reoffered for sale en the following day, 

22Z31 3 . *""■ Payments will; be rsaui red. as follows:/ No lot will 
be disposed of for less than $10, ard any lot so'! d for $10 must be paid 
for on the day it is sold; the minimum of $10 ard at least £5 per centum 
of the bid price of each lot sold for more than $10 must be paid on the 
date of the sale ? and the remainder, if the pr.'ce bid is $"50 or less, 
within one year from' the date of the sale; if the price bid bo, over 
050 and less than 3100. 75 per centum of the cost may be divided into 
two equal payments due,, respectively, one and' two years from the date 
of the sale; if the price Did be- ^2:0 or more, the 75 per centum remain- 
ing unpaid may be divided inter three equal payments, das, respectively, 
one, two and three years from the date of sale. No entry will bs al- 
lowed until payment has 'oeen made in full for the lot , but in case of 
partial payment the register will issue a non— t-ransf wrable memorandum 
duplicate certificate showing the amount of the bid and the terms of 
the sale, and reciting the right of the purchaser to make entry upon com- 

-30- 



pleting the pa31--10r.tr.; the receiver in. such. case will issue a memorandum 
receipt for the meney paid, hcthin'/ herein will prevent the transfer of 
the interests secured by the purchase end the partial payment oi tl lot 
by deed, but the assignee will acquire no greet or right than that of the 
original- purchaser, and the final entry and patent will issue to the 
original purchaser when all payments are made. 

Forfeit are — If any person who has made partial payment on 

the lot purchased by hir.i fails to make any succeeding payment required 
under t'hese regulations at the date such payment becomes due, the money 
deposited by such person for such lot will be forfeited and the lot, after 
forfeiture is declared, vail be subject to disposition. Lots remaining' 
unsold at the close of sale or thereafter declared forfeited for non- 
pajinent of any part of the purchase price under the terms of the sale 
will be subject to private entry for cash at their appraised value. 

All persons are warned against forming any combination or 
agreement which will prevent .any lot or tract from selling advantageously 
or which will in any way hinder or embarrass the sale, and all persons so 
offending will be prosecuted under section 59 of the Criminal Code o'f 
the United States ? which reads as follows: 

VYirhoevor, before or at the time of the public sale 
of any of the. lands of the United States, shall bargain, 
• contract or o.gree or attempt to bargain, contract, or 
agree with any other person, that the last-named person 
shall not bid upon or purchase the land so offered for 
sale, cr any parcel thereof; or whoever by intimidation, 
combination, or -unfair managements shall hinder or are- 
vent, or attempt to hinder or prevent, any person from 
bidding upon or purchasing any tract of land sc offered 
for sale/ shall be fined not more than one thousand dol- 
lars, or imprisoned not more than two years t or both*" 

The Superintendent 'of the Opening and- Sale .of Indian Lands will 
be, and he is hereby,, authorized to appraise any unappraiscd lot ,or:-to/xause 
any lot to be reappraised which in his judgment is not appraised at the 
proper amount, and he may' reject any and all bids for any lot and at any 
time suspend, adjourn, or postpone the- sale of- any lot or lots, to such 
time and place as he may deem proper, • a 

Very respectfully, 

CLAY TALIBAN 



* 
Commissioner, 



Approved as r ec or/mend ed , March 13, "1920, 

ALEXANDER T. VOGELSANG, 

First '.Assistant Secretary. 



-31- 



Circular No. 670 

DEPARTMENT OF THE INTERIOR 
General Land Office 

Washington February 27, 1920. 



Regulations for the sale of lands 
in former Cheyenne River and Stand- 
ing Rock Indian Reservations, North 
and South Dakota* 



The Secretary 

of the Interior, 

Sir; 

The act of Congress approved May 29, 1908 (35 Stat., 460),' 
providing for the disposal of a portion of the surplus and unallotted 
lands in the former Cheyenne Riv'er and Standing Rock Indian Reserva- 
tions, North and South Dakota, provides in Section 4: 

"That all lands remaining undisposed of at the ex- 
piration of four years from the opening of said lands 
to entry may, in the discretion of the Secretary of 
the Interior, be reappraised in the manner provided 
for in this Act tt And it is further provided that any 
lands remaining unsold after said lands have been open 
to entry for seven years may be sold to the highest 
bidder for cash without regard to the prescribed price 
thereof fixed under the provisions of this Act, under 
such rules and regulations as the Secretary of the 
Interior may prescribe,," 

Under authority of said proviso, it is directed that all" 
lands affected thereby, which have been subject to homestead entry 
for a period of seven years, to which there are no valid existing 
rights 1 , and which are not reserved or withdrawn for any purpose at 
the date of sale, be offered for sale at public outcry, at not less 
than their appraised values, under the supervision of the Superin- 
tendent of Opening and Sale of Indian Reservations, the lands in the 
Lemmon, South Dakota, land district to be offered for sale at Lemmon, 
commencing May 27, 1920, and those in the Timber iLake, South Dakota' 
land district, at Timber Lake, commencing June 1, 1920, 

Purchasers may pay all cash for the lands at the time of 
purchase or one-third down and the balance in two equal annual in- 
stallments due one and two years from the date of purchase, Interest 
to be paid on the deferred installments at the rate of five per centum 
per annum. 

-.32- 



The lands will bo listed for sale in tracts embracing the 
northeast, northwest, southeast and southwest quarters of section 
unless parts of such subdivisions arc net subject to sale, in which 
vlfr k ^ C ° ntigV0Uf: landc Gub ^ ct ^o sale in juch qua; ections, 

i7, m !?/ " f ? r ' ual(J as 80 Par**e tracts. Offerings may he rade 
inte d t Par ° elS if decncd advisable in the judgment of the Super- 



ceived thi 



Bid. may oc made in person or by agent, but will not be re- 
^™ U K; 8 Ir ' ai1 - Purch ?sers will not be required to furnish 

r J- * E f' citizcnsh iP °r otherwise or as to the charac- 

xer or condition of the lands. 



The 
of the prop 



be required purchase money must be paid to the receiver 
nesslar/fn^H^ 5 f ^ e + bef S re 4:30 o'clock p.m r on the next bu'si- 
surh ™ f P° W f S , the date of sale * Any 1 ' purchaser who fails to make 
be rpnf?^ I 111 f01 " Sit a11 ri S hts t0 th3 I*™* Purchased, which will 
afte? be nermlt^ J a + ej '^ d / he dafa.ulti.ng purchaser will net there- 
aixer be permixoed ,o bid for or purchase any other lands at the sale. 

scribe such e rfTL e ^f en ? ent ° f the Sale iS herebv authorized to pre- 
cieTmv rt ^erefor, not in conflict herewith, as the- exigen- 

ce ?he salTor S? ^ "?? f any tim<3 £US P snd or indefinitely post- 
visable a , J0Uni i* to SUCh time or P lace as he ^ deem'-ad- 

- less than tL. fV^ any ° r a11 bids wMch * ** his -opinion, are 
should be sold! ^ ValUe ^ WhlCh ^ ° f thS landS ° fferGd 

combina+ioi 1 n? e rn 0nS - are V/ai " ned afcainst enteri «S into any agreement, 
semn^advanta ST' 7 T^* 11 *"""* ** ° f Said laSdS f ™> 
cuted Srffl^^^^PJPIg Si^^f^efini^ fSSH 

ariv "f^f^ 5 ef ° re ° r at the tirne of the P ub lio sale of 
any oi the lands of the United States, shall bargain, con- 
wit h* + a ? ree * ° r attSmpt t0 bar £ ai *> contract, or agree 
vith any other person, that the last-named person' shall not 

par C el P0 ?w T^ 6 th = ^ ™ offered for sale, or any 
Snflfr °° f ; ! r Wh0GVer by intimidatioa, combination or . 

Mrder or^fw Sha11 Mad ' er ° r P^ent/or attempt to 

£f anv trLt S i* T ^^ fr0B biddinS Up0n or P urchas " 
not more ft ^ S ° ° ffer£d f ° r sa ^ shall be. fined 

. than^ ye^ S ^Vbo th. a « d ^^ °' ***•**" "* "" 

Very respectfully, 

CLAY TALLMAN, 
Approved: February 27, 1920, Commissioner. 

FRANKLIN K. LANE, 
Secretary. 



=33- 



SUSPENSION FOR RESURVEY - ISSUANCE OF PATENT 
In Reply Please Refer to 10-397207 "A" \73P 



DEPARTMENT OF THE INTERIOR 
GENERAL LAND OFFICE 

WASHINGTON March 1, IS 20. 



ORDER 



In re issuance of patents for lands embraced In 
townships the surveys of which have been suspended 
in contemplation of resurveys. 

To Chiefs of Divisions of 

The General Land Office... 
Sirs: 

By a circular of this office promulgated under, date of December 
28 1914 (No 369) it was directed that, where an entry had been made of 
lands in a township the survey and plat of which had been subsequently sus- 
pended pending a resurvey, and where the entryman had, prior to such sus- 
pension, fully" earned tide to said land ■ patent would be granted, notwith- 
standing such suspension; but that, in all other cases, final certificate 
only would issue, endorsed in manner so as to refer to the pendency of a 
resurvey, patent to be delayed to await completion of such resurvey; 

Following further and recent consideration of the subject matter 
of said instruction, it has been det ermined t hat the actual and pertain 
prejudice resulting to entrymen.of such lanas from long decayed issuance 
■of patents is more" to be avoided than are such "apprehended or real dif- 
ficulties as. may arise from abrogation of the. practice prescribed by tne 
above mentioned circular. 

Said circular 369 is, therefore, now and hereby canceled and 
vacated. In all cases now pending, or hereafter presented, in which an 
entry has been made pursuant to a recognized public land- survey .,:! plat 
thereof suspension of such survey shall, not be permitted co de.,ay pro- 
cedure by the entryman for the perfection of his said entry, nor bne 
issuance to him of a patent, whenever and as soon as he has otherwise 
established his right to such patent.., In all such cases any patent 
so issued vail describe the .granted land in accordance, with the p^t 
of survey pursuant to which entry was made. 

CLAY TALLMAN, 

Commissioner. 
Approved: March 1, 1920 

ALEXANDER T. VOGELSANG. 

First Assistant Secretary. 

-34- . 



STOCK-RAISING HOMESTEADS - AMENDMENT OF CIRCULAR 523. 
Circular No. 673. 

DEPARTMENT OF THE INTERIOR 
GENERAL LAND OFFICE 

WASHINGTON March 15, 1920. 

Registers and Receivers, 

United States Land Offices. 

Sirs: « 

Circular No. 523 of January 27, 1917 (45 L. D., 625), as 

amended and reprinted July 30, 1919, is amended by substituting 

for the fourth and fifth sub -paragraphs of paragraph 6 of the 
following: 

"An additional entry (under any section of 
the act) can be made only as additional to a 
pending or perfected entry, 'not to an un- 
allowed application; however, exception is 
made where suspension of the original filing, 
has been due only to the necessity of passing ■■: • 
upon the right of applicant to make a second 
entry and the application therefor was other- 
wise allowable at the time the additional ap- 
plication was filed. In all other cases, you 
will reject applications for additional entries 
where the applications for original entry are 
not allowable at the time of filing . 

When the land involved is designated and 
subject to entry under the stock-raising act, 
and it is therefore possible to embrace the 
entire area desired under that act, one,; 
who thereafter elects to make an entry under 
other homestead laws and an additional stock- 
raising entry, will not be granted a reduction 
in the requirements of cultivation in connection 
with the original entry, but will be held to 
strict compliance with the requirements of the 
lav; under which the original entry was made." 

Very respectfully, 

Approved March 15, 1920, CLAY TALLMAN, Commissioner . 

ALEXANDER T. VOGELSANG 

First Assistant Secretary. 

-35- 



Allotment Applications by Married Indian Women 

Circular No. 675 

DEPARTMENT OF THE INTERIOR 
GENERAL LAND OFFICE 

Washington March 22, 1920. 

Registers and Receivers, 

United States Land Offices. 
Sirs; 

On February 12, 1920, the Department directed that the clos- 
ing paragraph of the departmental letter of April 15, 1918, which ap- 
proved the regulations of April 15, 1918, governing Indian allotments 
on the public land be entirely eliminated and that the following para- 
graph be added to the regulations on page seven under the heading" 
"Indian Wrsos;" • & 

"An Indian woman married to an Indian man, v/ho 
has himself received an allotment on the public domain 
or is entitled to one is not thereby deprived of the 
right to file an application in her own* name, provided 
she is otherwise entitled." 

. . _ The effect of this amendment of the circular is to allow 
married Indian women who have received certificates from the Commis- 
sioner of Indian Affairs that they are entitled as Indians to allot- 
ments on the public domain the same rights in respect to allotments 

}?A S ?rr al oL? nder the f0Urth secti0 ^ of the act of Bebruary 3, 1887 
\,a* &tao.,388J, as amended, as are allowed single women regardless 
of the age of such women. 

Each married Indian woman applicant will, however, be re- 
quired to conform to the rules as to settlement laid down on pages 
band 6 of the circular and must satisfy this office by evidence sub- 
mitted in the form of an affidavit by her, corroborated by the affi- 
davits of at least two persons having knowledge of the facts, that 
she has used or occupied the land for at least two years in such man- 
ner as will indicate that she has taken the land in good faith with 
the intention of making use of the same, for some clearlv beneficial 
purpose, as is required of other adult applicants. 

f.-w, u, ?^e applications for minor children must continue to be 
I lied by the fax her, if he is living with his family, or if not, the 
mother, if she has applied for herself, can apply for such living 
minor children under her care and protection as were livin^ at the 
time she filed her own application. In default of any adverse claims 
you will reinstate on your records any and all applications by mar- 
ried Indian women, whose applications have been rejected for the sole 
reason thax they were made by married women whose husbands were entitled 



*36- 



to allotments on the public domain, wherever your attention is di- 
rected to such and you will immediately advise this office by special 
letter of your action in each instance. 

Very respectfully, 

CLAY TALLMAN, 
Approved: March 22, 1920. Commissioner. 

ALEXANDER T. VOGELSANG, 

First Assistant Secretary. 



Military Service - Acts of July 28, 1917, and 
.February 25, 1919. 

Circular No. 646 

DEPARTMENT OF THE INTERIOR 

GENERAL LAND OFFICE 

Washington June 4, 1919, 

Registers and Receivers, 

United States Land Offices. 
Sirs: 

In applying credit for military or naval service in connec- 
tion with final proofs on homestead entries, you will make no distinc- 
tion between the act of July 28, 1917 (40 Stat,, 248), and the act of 
February 25, 1919 (Public No, 273); i.e., if the claimant has had two 
years military service, he will only be required to comply with the 
law as t o residence for one year and cultivate a sufficient area to 
demonstrate his good faith; if he has only one year f s military service, 
he must comply with the law as tc residence for two years and cultivate 
at least one-sixteenth of the area the second year« If, however, the 
soldier delays the submission of proof beyond the period of residence 
required, the cultivation necessary for the. years elapsing before the 
submission of proof must be shown. 

Very respectfully, 

CLAY TALLMAN, 

Commissioner, 
Approved: 

ALEXANDER T. VOGELSANG, 

First Assistant Secretary. 



-37- 



Circular No, 677 

Opening of Abandoned Date Creek Military Reservation, Arizona, 
under Act of August 23, 1894. 

DEPARTMENT OF THE INTERIOR 
General Land Office 

Washington March 27, 1920. 

Register and Receiver, 

United States Land Office, 
Phoenix, Arizona. 
Sirs: 

Date Creek Military Reservation in T, 10 N., R. 7 1..; T„ 11 M., R. 6 W„; 
and T„ 11 N„, R. 7 W. , G. & S.R,M.,< was abandoned and was relinquished and 
turned over tc the Department o'f the Interior December 7, 1874, under the 
act of June 22, 1874 (18 Stat.,20l). The. resurvey of said reservation was 
approved August 9, 1918, and an appraisement of the lands therein has been 
approved. A copy of the appraisement schedule is hereto attached for your 
use and files. 

The total' area of the reservation is $,370.83 acres, of which 340 acres 
have been heretofore patented and 1,032.09 acres are within "school" sections, 
2, 32 and 36, for which the State has not taken indemnity.. The qu.estion of 
the right of the State of Arizona, to the unappropriated lands in said Sees. 
2, 32 and 36 , will be governed by departmental decision of January 19, 1900 
(29 L.D. ,418) , and in the absence of valid settlement rights, the State's 
rights under its land grant will be recognized. 

The area of the reservation, being, more than 5,000 acres, the agricultural 
lands .therein will be disposed of under the provisions of the act of August 
23, 1894 (28 Stat,, 49l). The lands being restored which are not state 
lands or appropriated by valid .settlement established prior to approval 
hereof, will be subject to a preference right of homestead entry for sixty 
days prior to June 12, 1920, by 

"officers, soldiers, sailors or marines who ha.ve served in 
the Army or Navy of the United States in the war with Germany 
and been honorably discharged therefrom or placed in the 
Regular Army or Naval- Reserve * * * ~<' * * #* # ■* ■* -- -* * 
Provided, That the rights and benefits conferred by this 
act shall not extend to any person who, having been drafted 
for service under the provisions of the Selective Service 
Act, shall have refused to render such service or to wear '. 
the uniform of such service of the United States," 

under the provisions of House Joint Resolution No. 20, approved February 
14, 1920. 

You will not allow any homestead application for lands hereby restored 
prior to June 12, 1920, except those of bona fide settlers prior to approval 
hereof who vail be required to accompany their applications by affidavits j 

-38- ■ 






showing the date of settlement and the kind and value of the improvements; 
or those filed under the provisions of the said Joint Resolution which ap- 
plicants will be required to accompany their applications by an affidavit 
showing that the tracts applied for are not occupied by a bona fide settler 
entitled to a preference right of entry, and also proof of such military or 
naval service as well as a statement, under oath, that the applicant did 
not refuse "to render such service or to wear the uniform of such service 
of the United States." On June 12, 1920, the unappropriated lands hereby 
restored will be subject to settlement and entry as in Said act of August 
23, 1894 provided, by any one possessing the requisite qualifications. 

Homestead entrymen will be required to make payment for the lands 
entered, at the appraised price, which may be cash in full at the date of 
the acceptance of proof upo>n their entries, or, at the option of the entry- 
man, payment may be made in five equal installments, the first payment to 
be made one year after the acceptance of his fin a}, proof and the subsequent 
payments to be made annually thereafter, with interest at the rate of four 
per cent per annum, from' date of acceptance of such proof. They will be 
allowed, however, to pay one or more even installments at any time, with 
interest to date of such payment. If commutation proof is submitted, pay- 
ment must be made in full at time of acceptance ofr proof, when a certifi- 
cate of entry may be issued. Upon acceptance of three-year proof, a final 
certificate may be issued only in case full payment is made; otherwise, 
the certificate will not 'be issued until the final payment has been made. 

Publicity will be given this restoration by giving a copy of these 
regulations to newspapers for publication, if desired, as an item of news, 
without incurring expense to the Government, You will also post a copy 
in your office for a period of at least sixty days prior to June 12, 1920, 
and will transmit a copy to the postmaster nearest the land for posting 
in his office. Also transmit a copy to the State Land Commission, 

Very respectfully, 



CLAY TALLMAN, 

Commissioner, 
Approved: March 27, 1920. 

ALEXANDER T. VOGELSANG, 

First Assistant Secretary. 



r 39- 



STAMP TAX Oil DEEDS GIVEN IN EXCHANGE WITH 
THE UNITED STATES 

TREASURY DEPARTMENT 

'. Washington February 25, 1920. 

The Commissioner .of the General Land Office, 

"Washington, D. C. , • • . .'- 

My dear Mr. Tallman:.- ■;. 

Reference is made to your letter of January 26, 1920 
("K" JFC), requesting information as to the application of stamp tax 
to certain deeds given to the Uni ted States conveying land owned by 
the grantor in exchange fo r land desired a nd selected by the grantor 
\ander the provisions of certain acts mentioned by you. 

In reply, I have' the honor to advise- you that such deeds 
are held by this office to be taxable as conveyances of land sold, 
under Articles 70 and 75 of Regulations 55, on the basis of the. value 
of the land conveyed. The deeds issued by the United States are not 
subject to stamp tax* 

You further inquire as to the taxability of such a deed 
which was executed, acknowledged and duly recorded, all in 1900, and 
was during that year filed in your office with an offer to exchange 
for other lands, the offer for exchange being' refused at that time 
by the Government for .certain reasons. The deed is now again pre- 
sented with a new goffer for 'exchange without being re- acknowledged 
or re-recorded but being :as 'originally presented in the offer first 
made and refused. 

In reply, you are advised that, under the circumstances 
stated, the deed executed, recorded and tendered to the Government 
in 1900, was not accepted by the' Government at that time, and there- 
fore, did not become operative as a conveyance. If again tendered 
at this time and accepted, it will for the first time become effective 
as a deed of the rea}. estate described therein, and will, therefore, 
be subject to a stamp tax measured by the value of the property at 
the time the delivery of the deed is completed by its acceptance 
by the Government. 

Sincerely yours, 

(Signed) Daniel C. Roper 

Commissioner. 



-40. 



STAIvP TAXES •-- FERI0D3 AI1D RATES OF TAXATION 

TREASURY DEPARTMENT 

Washington February 28. 1920, 



Mr. J. F. Casey, 
Land Office, 

■Washington, D,C, .-"..;' 

Sir: 

Reference is made to your recent personal inquiries as 
to the effective periods and rates of taxation of the .various acts 
imposing stamp taxes on deeds. 

In reply you are advised that in the case of realty sold, 
where convei/ance was effected by either delivery or recording of 
the deed between October I, 1862, and .August 1, 1864, the Act of 
July 1, 1862, imposed stamp tax upon the basis of the consideration 
or value, as follows: $100 - $500,' 50/'; §500 - 0.1,000, '§1; $1,000 
$2,500,. 02; 02,500 » 05.000, 05; $5,000- $10,000; $1-0; $10,000.,. 
020,000, $20$ and for every additional $1.0-, 000 or fraction thereof, 
$20. 

Where conveyance was effected by either delivery or re- 
cording of the deed between August 1, 1664, and October 1, 1872, 
the Act of June 30, 1864 ? .imposed stamp tax cf 50V where/the con- 
sideration did not exceed $500, and 50^ for each additional 0500 
or fractional part thereof c 

Where conveyance was effected -by either delivery or re- ■. 
cording from July 1, 1898, to June 30, 1901, the Act of June 13, 
1898, where the" consideration exceeded $100 imposed stamp tax of 
50p on each $500 or fractional part thereof* 

Where conveyance was effected by either deliver/ or re- 
cording from July 1, 1901, to June 30, 1902 , the Act of March 2, 
1901, imposed stamp tax of lop where the consideration or value 
exceeded 02500 and did not exceed $3,000, and 25^ for each' addi- 
tional $500 or fractional part thereof, in excess of- 03,000 

Where conveyance was effected by either delivery, or re- 
cording from December 1, 1914, to September 8, 1916, or from De- 
cember 1, 1917. to date, the Revenue Acts of 1914, 1917 and 1918, .; 
where the consideration or value exceeded $100, imposed stamp tax 
of 50/ on each $500 or fractional part thereof. 

Respectfully, 



(Signed) James M. Baker, 

Deputy Commissioner, 



-41- 



TOBNSITBS 

Hot S p ri ngs , N ew Mex i c o . 

A subdivisional survey of the townsite of Hot Springs, 
New Mexico, has recently been completed and accepted by this office 
and photolithographic copies of the plat have been made and appro- 
priate instructions for preference right entries of the lots under 
Sections 2382 to 2386 U, S. Revised Statutes are in course of prep- 
aration. Quite a number of reservations within the townsite have 
been made by the Government for public use and have been so noted 
on the plat. These springs have become quite noted for the cura- 
tive properties. 

Blackfoot, Montana , 

March 13, 1920, regulations were approved byrthe Secretary 
for the sale of the unreserved lots and lots not entered by prefer- 
ence right claimants in the Blackfoot townsite in the Blachfeer/ In- . 
dian Reservation, Montana. The public sale is to take place on 
April 6, 1920, at the townsite, under the supervision of the Super- 
intendent for the opening and sale cf Indian Reservation. No' lot 
will be disposed of for less than $10 and any lot sold for $10 must 
be paid for on the day it is sold* The regulations provide that 
lots sold for more than $10, may be purchased on time, 

Lida, Nevada . 

A recent survey of the townsite of Lida, Nevada, into lots 
and blocks has been made under Section 2384, to be disposed of under 
Sections 2382 to 2386 U«S > Revised Statutes,' Regulations for pref- 
erence right entries which were allowed by Section 2382 are in 
course of preparation Two hundred photolithographic plats have 
been made of the townsite* 

Graehl t Alaska . 

George A. Parks, Chief of the Alaskan Field Division, has 
been appointed trustee for the t owns.it e of Graehl, Alaska, and a sur- 
vey of the land embraced in the townsite into lots and blocks has been 
ordered and as soon as the survey is completed the lots will be dis^- 
posed of under the Alaska Towr.site Lav;, through said trustee. 

Seater T Alaska , 

The exterior lines of the townsite of Seater, an addition 
to Juneau Townsite, Alaska, has been made and George A e Parks, Chief - 
of the Field Division', has .been appointed trustee for the disposition 
of said townsite a The survey into lots and blocks of said townsite 
has been ordered,, 

-42- 



Southeast Addition to June a u, Ala ska . 

A survey of the exterior lines of the Southeast Addition 
to Juneau, Alaska, has been ordered and as soon as completed steps 
Will be taken looking tc the appointment of a trustee to dispose of 
the lots in said addition, 

Powell, Wyoming . 

T.he lots in 16 blocks in Powell townsite in the Shoshone 
Irrigation Project, Wyoming, have been surveyed. An order has been 
issued for the appraisement and sale of said lots. The lots will be 
offered at public sale on May 10, 1920, at the Tov/nsite. It is ex- 
pected that the lots will sell well, inasmuch as they are in a pros- 
perous community. . The appraisement is now taking place* 



STOCK DRIVEWAYS 

Since the last Bulletin was issued : f stock driveways have 
been established In southern Utah and in central Wyoming, a small 
addition made to an existing driveway in the latter state through ad- 
justment to a recent survey, and a withdra\7al in northern New Mexico 
has been modified by the addition and exclusion of certain lands. 
The total area withdrawn for driveway purposes during this period 
'Is 126,610 acres, and is distributed by states as follows: 68,473 
acres in Utah; 57,177 acres in Wyoming; and 960 acres in New Mexico, 
and that released is 230 acres -in New Mexico,. 



OPENING OF LANDS 

COLORADO: 

Subject to. Entry' Under Reclamation Act, Grand Valley 
Project/Second Unit. About 400 acres in Ts* 1 N„, R„ 1 W„ , 2 N., 
R„ 2 W ej and 2 N., RV. 3. W», Meaa. County, open to homestead entry at 
the district land office, Montrose, beginning March 25, 1920, at 
nine a^m. , tc persons holding approved -water- rental applications. 
Applications for water-rental may be filed with the pro ject manager, 
United States Reclamation-'S'ervi-ce, at Grand Junction, Colorado, in 
person or by mail, or otherwise, within ..a period of six days begin- 
ning March 19, 1920* Water-rental applications received after the 
six-day period mil be filed ; and noted in the order of their receipt,. 
The' water rental applications must be accompanied '-by a payment of 
03; per acre' for" each irrigable acre in the famrunit. To the water- ' 
rental applicant first in order among those applying f or /the same 
farm- unit, the project manager upon an additional payment by the 
applicant, of $27,; 50 for each irrigable acre in the' farm unit will, 
issue a duly approved water-rental application. which will entitle ' 
the applicant to file, a homestead application for the farm unit de- 
scribed in the application. The initial payment 'of i)3.per acre will 

-43 _ 



be appliedas a credit to the minimum water"- rental charges. The 
charge ©f §27 ,,50 per irrigable cere is to cover the f'o'st of level- 
ing and otherwise improving the lands and will be in addition to 
the construction charge which wili.be announced in. the public no- 
tice hereafter to be issued. Under the terms of Public "-Ren ol'ut.i on 
29, the dates: above mentioned are applicable only to ex-service men 
of the World War and the opening to t;he general public of any lands 
which remain unentered will be upon the expiration of sixty days 
after March 25, 1920. 

NEVADA: 

Subject to entry under Reclamation Act, Newlands Project, 
About 2,000 acres land platted to .twenty farm units in Ts B 18, 19 
and 20 N,. Rs 27 to 30 E c , open -to .homestead entry at the district 
land office Carson City, beginning .March 31, 1920, by persons hold- 
ing approved water-right applications. Water-right applications 
for a specified farm unit may be filed with the Project' Manager, U„ 
S, Reclamation Service, Fallon, Nevada, in person, by mail ; or other- 
wise, within a period of five days beginning March -26%- 1920, . Ap« 
proval by the Project Manager, of . a. water- right application' will en- 
title the claimant to. file a .horiest'ead' application at the'iocal , 
land office,' Carson. Cityj for ihe farm unit described in the water- 
right application. There are.tv/o kinds of -.water- right charges '_'.. - ; . 
against all of the lands:, to- wit: a charge against .each irrigable 
acre to cover the construction of the irrigation system and- an an- 
nual charge against each irrigable acre to coyer the •cost of oper- 
ation and maintenance*. The construction dharge is §60 per irriga- 
ble acre, and an initial payment of five per. centum thereof shall 
be made at the time of filing water- right application,, The opera- 
tion and maintenance charge shall be of the same amount as for 
other like land; Under said, project. Under the terms of Public Reso- 
lution No. 20, the dates above mentioned are applicable only to ex- 
service men of the World War and the opening to the general public 
of any lands which remain unentered will-be on and. after May 31, 1920, 



FROM RECLAMATION WITHDRAWAL \ ■,■;.' 

CALIFORNIA: ,' V •'•■- V . 

About 1,200 acre's in Imperial .County, El Centro land dis- • 
trict, open to homest ead. and desert-land entry by ex-service men of 
the World far on April 19, 1920, at nine a-,-m,' Filings may be pre- 
sented during -the. twenty days prior to that date. The lands are re- 
leased from: reclamation withdrawal and available information indi- 
cates that they are generally mountainous in character,, The nearest 
town is Imperial Junction on the Southern Pacific Railroad,' -Any 
lands which remain unentered will be open to settlement and all 
proper forms of entry and selection by the general public beginning 
June 18, 1920, and filings may be presented during the twenty days 
prior to that date, 

. -4*- 



COLORADO: 

Approximately 1,100 acres in Mesa County, Montrose land 
district, open to homestead arid" desert land entry by ex-service tnen 
of the World War April 19, 1920, at nine a.m.. Filings cay be pre- 
sented during the twenty days prior to that date. The lands are re- 
leased from reclamation withdrawal and available information indi- 
cates that they are rolling in character. The nearest town is Grand 
Junction on the Denver and Rio Grande Railroad. Any lands which re- 
main unentered by soldiers will be open to settlement and all proper 
forms of entry and selection by the general public beginning June 
18, 1920, at nine a.m., and filings may be presented during the 
twenty days prior to that date. 



NE17 LEGISLATION 

Colville Indian Lands - Relief of Se ttlers . 

House Joint Resolution 194, for the relief of settlers on 
the former Colville Indian Reservation, which had theretofore passed 
the House, was taken up for consideration by the Senate March 10th, 
and passed .without amendment, and was approved by the President of 
the United States on March 19, 1920. The act provides: 

"Resolved by the Senate and House of Representa- 
tives of the United States of America in Congress as-, 
sembled, That the joint resolution entitled 'Joint 
resolution providing additional time for the payment 
of purchase money under homestead entries within the 
former Colville Indian Reservation, Washington,* ap- 
proved March 11, 1918, be, and the same is hereby, 
amended to read as follows: 

"'That the Secretary of the Interior is hereby 
authorized, in his discretion, to extend for a period 
of one year the time for the payment of any annual 
installment due, or hereafter to become due, of the 
purchase price for lands sold under the act of Con- 
gress approved March 22, 1906 (34 Stat,, p.80), en- 
titled 'An Act to authorize the sale and disposition 
of surplus or unallotted lands of the diminished Gol- .. , 
ville Indian Reservation, in the State of Washington, 
and for other purposes 1 , and any payment so extended 
may annually thereafter be extended for a period of . '. \ 
one year in the same manner: Provid.ed, That the last 
payment and all other payments must be made within a 
period not exceeding one year after the last payment 
becomes due. by the terms of the act under ■ which the 
entry was made: Provided, further, That any and' all 
payments must "be made when, due unless the entryman 
applies for an extension and pays interest for one 
year in advance at five per cent per annum upon the 
amount due as herein provided, and patent shall be 



-45- 



"withheld until full and final payment of tne pur- 
chase price is made in accordance with the provi- 
sions hereof; And provided, further, That the fail- 
ure to make any -payment that -may be due unless 'the 
same be extended, or to make any extended payment 
at or before the 'time to which Such payment has 
■ ..been extended as herein provided shall forfeit the 
:::entry. and the tsame shall •b<e" i canceled' arid 'any and 
..'all payments theretofore, made shall' be" forfeited.*" 



PENDING LEGI SlATI ON 

Irri ga t ion - Imper ial Vallev . 

H. R. 12537, to provide for an examination and report on 
the condition and possible irrigation development of the'' Imperial 
Valley, in California, passed the House of Representatives March 
15th, . and goes to the Senate for it's consideration. .. The bill pro- 
vides: ('' 

"Be it enacted by the Senate and House of Repre- 
sentatives of the United States of America, in-'Congress 
assembled, That the Secretary of the Interior is hereby 
authorized and directed to have an examination made of 
the Imperial Valley in the State of Calif ornia,', with a 
view of determining the area, location and general 
character of the public' and privately owned un-irrigated 
lands in said valley which can 'be irrigated at a rea-- 
sonable cost, and the .character, extent,- and cost- of'' 
an irrigation, system, or of the- modification, improve- ' 
ment , enlargement, and extension of the present system, 
adequate and dependable for' the 'irrigation of the pres- 
ent irrigated area in the said valley, and of the pub- 
lic and ' privat ely owned lands in said valley and adja- 
cent thereto not' now under irrigation, '<Which can be 'ir- 
rigated at a reasonable cost from knoifei 'sources of water 
supply, by .divers^qn of water from the Colorado River 
at Laguna Dam. . • : - • 

."Sec, 2. That the said Secretary shall report to 
Congress not later than the 6th day of December, 1920, 
tjae result* of his examination^ together with his recom- 
mendation as to the, feasibility, necessity, and advis- 
ability of the undertaking', or the participation by 
the United States in a plan of irrigation- development 
with a view' of placing under irrigation the remaining 
un-irrigated public and privately owned lands in said 
valley and adjacent 'thereto, in connection with the 
modification, improvement ,' enlargement , and extension 
of the present 'irrigation systems of -the ''said valley. 

-46:- 



Sec. 3. That the said Secretary shall report in 
detail as to the character and er.tir.ated cost of the 
- plan or plans on which he may report, and if the 3aid 
plan or plans shall include storage, the location, 
character, and cost of said storage, and the effect 
on the irrigation development of other sections or 
localities of the storage recommended and the use of 
the stored water in the Imperial Valley and adjacent 
lands. 

"Sec. 4„ That the said Secretary shall also re- 
port as to the extent, if any, to which, in his opinion, 
the United States should contribute to the cost of car- 
rying out the plan or plans which he nay propose; the 
approximate proportion of the total cost that should be 
borne by the various irrigation districts or associa- 
tions or other public or private agencies now organized 
or which nay be organized; and the manner in which their 
contribution should be nade; also to what extent and in 
what nanner the United States should control, operate, 
or supervise the carrying out of the plan proposed, 
and what assurances he has been able to secure as to 
the approval of, participation in, and contribution 
to the plan or plans proposed by the various con- 
tributing agencies «, 

"Sec. 5. That, for the purpose of enabling the 
Secretary/ of the Interior to pay not to exceed one- 
half of the cost of the examination and report herein 
provided for. there is hereby authorized' to be appro- 
priated the sun of 020,000: Provided, That no ex- 
penditure shall be nade or obligation incurred here- 
under by the Secretary of the Int erior..:until provi- 
sion shall have been made for the payment of at least 
one- half the cost of the exanination and report herein 
provided for by associations and agencies interested 
in the irrigation of the lands of the Imperial Valley." 

General le asing Bill . 

Senate 4013, to amend the general leasing act of 
February 25, 1920, has been introduced and referred to the Committee 
o n Pub 1 i c Land s . 

Extens ion of Proof, on. Dese rt Sntries . 

• Senate 4120, authorizing the Secretary of the Interior to 
grant further extension of ' time within which to make proof on desert 
land entries, has been introduced and referred to the Committee on 
Public Lands. 



-47.- 



Los Angel es Water Rights . 

H tf R.406 , am ending an act .entitled "An Act authorising' 
and directing the Secretary of the Interior to sell to the city of 
Los' Angeles, California, certain public lands in California; ' and 
granting rights in, over and through the Sierra Forest Reserve, 
the Santa Barbara Forest Reserve, and the' San Gabriel Tinber tan 5 
Reserve, California, to the city of Los Angeles, California, u ap- 
proved June 30, 19C6 , passed the House March 1, 1920, and nc« goes 
to the Senate for its consideration. 

Development of Alaska .. 

Senate 4112, to provide for the development of traffic 
for the Government railroad in Alaska, and for other purposes, has 
been introduced and referred to the Committee cm Territories* 

Ad ministration of Na tional Property, in Alaska , 

Senate 4113. and HJEU 12370, identical bills, to provide 
for the administration of national property and interests in the 
Territory of Alaska, and for other purposes, have been introduced 
and referred to the Committees on Territories in the Senate and 
House, respectively. 

Settlement in A laska,., 

Senate Resolution 329, asking the Secretary of the In- 
terior to advise the Senate, 

"First, What steps have been taken or are being 
taken to develop and settle the- country, traversed' "by 
and tributary to the Government railroad being con- 
structed in Alaska., 

"Second, What steps have been taken or are bej.ng 
taken to develop traffic for such railroad t.hen built. 

"Third, Has any organization been created charged 
v/ith the duty of settling this country and developing 
traffic for the road; if not,' "why has such organisa- 
tion not been formed?" 

has been considered and agreed to 

Cu ster State P ark .Game Sanctuary „ 

H«R„ 11398, for the creation of the Custer State Park Game 
Sanctuary, in the State of South Dakota, passed the House of repre- 
sentatives, v/ith a few amendments March 1st, and now goes to the Senate 
for its consideration 

Boise National jlq.rest # 

Senate 4129, to add certain lands to the Boise National 
Forest, has been introduced and referred to the Committee on Public Lands, 

-43-. 



,; : RIO HONDO -PRIVATE LAND, CLAIMS, 
LOUISIANA 

•At various times in the past, requests havs been received 
in the Genera?. Land Office for copies of patents cohering a group of 
six Pvio Hondo private land claims in Louisiana. While these claims" 
appear on the records as unconfirmed by Congress, .the parties in ib», 
terest gave the numbers of the patents purported to have been issued 
citing the confirmatory act as having, been approved on February 16,1364, 

Werv/ere unable to find any such confirmatory act of Congress, 
but on examination of the acts passed by the Confederate States of 
America ^and ,acts passed by the legislative body of Louisiana during 
the year 1864 (which, may be found in. the Library of Congress) ,■ it was 
found that the act' of February 10,- 1864, above referred. to', was passed 
by the General Assembly of the State of Louisiana during the period 
covered by the ' civil war-,;', and the alleged patents were doubtless is- 
sued by that' State." While several attempts have been made to obtain 
relief legislation in the Congress of the United States under these 
claims (the last bill for that purpose having been presented 'dn Novem- 
ber 27, 1877), they still remain unconfirmed by the United States. 



RECENT DECISIONS OF THE COURT 

Indian Lands - Grazing Trespas s . 

The Supreme Court of the United States, in its opinion of 
March 1, 1920, in the two cases of the Ash Sheep Company vs United 
States, had occasion to construe Section 2117 of the Revised Statutes 
of the United States, which provides: 

"Every person who drives or otherwise conveys any 
stock of hors3s P nules, or cattle, to range and' feed 
on any land belonging to any Indian cr trj.be, without 
the consent of such tribe, is liable to a penalty of , 
one dollar for each animal of such stock." 



(l) The company admitted that it had pastured 5,000 sheep 
on the lands in question, vdthout the consent of the Crow Tribe of 
Indians, or of the United States, but denied that they were "Indian 
lands," contending"^ hat they were public lands upon which it was law- 
ful to pasture stock. 

The legal status of the lands depends upon the construction 
to be given the act cf Congress approved April 27, 1904 (33 Stat o, 352), 
entitled "An Act to ratify and amend an agreement with the Indians of 
the Crow Reservation in Montana, and making appropriations to carry 
the same into effect*" The agreement thus embodied in the act ' pro- 
vided for a division of the Crow Indian Reservation in Montana, and 
the lands involved in this case were within the part of the reserva- 
tion as to which the Indians in terras "ceded, granted and relinquished" 
to the United States all of their "right, title and interests" 

-49 „ 



The defendant company insisted that t he United Stat es being 
the owner in fee of the land before the agreement, the effect of the 
grant and relinquishment of the possessory right by the Indians was 
to vest a complete and perfect title in the Government, and thereby 
make the territory a part "of the public lands of the United States, 
with the interest of the Indians transferred to the proceeds to be 
derived from them. The court, however, held; 

"Talcing all of the provisions of the agreement 
together we can not doubt that while the Indians by 
the agreement released their possessory right to the 
Government, the owner of the fee, so that, as their 
trustee, it could make perfect title to purchasers, 
nevertheless, until sales should be made, any bene- 
fits which might be derived from the use of the lands 
would belong to the beneficiaries .and not to" the trustee, 
and that they did not become "public lands". in the sense 
of being subject, to sale, or other disposition, under 
the General Land Laws e Union Pacific R a R„Co vs, Harris, ■■■:•.<: 

215 U.S, ? 385, 388 c They were subject to sale by the 
Government, to be sure, but in the manner and for the 
purposes provided for in the special agreement with the 
Indians, which' was embodied in the act of April 27, 
1904 (33 Stat*, 352), and as to this point the case is 
ruled by the Hitchcock' and Chippewa cases (Minnesota 
vs Hitchcock, 185 TJ.S,, 373, 394, 398; and United 
States vs Mille L ac Band of Chippewa Indians', 229 U. 
S,, 498, 509). Thus, we conclude, that the lands de- 
scribed in the bill were 'Indian lands* when the com- 
pany pastured its sheep upon them, in violation of 
Section 2117 of Revised Statutes, and the decree in 
No. 212 must be affirmed/ 5 

(2) Inasmuch as the stock grazed upon these lands were 
sheep, the company -contended that they were not within the terms of 
the act providing a penalty for grazing "any stock of horses, mules 
or cattle" on Indian lards'* The court, however, after considering a 
number of authorities, both lexicographic and legal, concluded that 
the word "cattle" as used in the section, was broad enough in its 
significance to include sheep<, 

Water Boundary - Meand er L5n_e # 

In the Government system of surveys, a line running on a 
water course as the external boundary of adjacent land," showing its' 
sinuosities and distance, .is called a "meander line," and as a general- 
rule, such lines are not run as boundaries of fractional tracts thus 
surveyed, but for the" purpose of defining the sinuosities of the banks 
and streams to ascertain the acreage subject to sale, so that "meander 
i:l-ines ?! are to show the border lines of streams, but thewater courses 
constitute the real boundaries. Rue vs Oregon and Vashington R» R, 
Co., 186 Pac. 1074, 

"-50- 



Forest Lieu Sel ection. 

(\) Where an owner of a right to make a lieu land selection' 
under; the act of June 1, lb97, sells it and issues e. ucwer of attorney, 
without naming an attorney in fact, intending to give the purchaser 
such right, and the purchaser causes his nane.to be written, but there- 
after sells it without making a selection of lieu lands, an erasure of 
the narne by the last purchaser and a substitution thereon of his own, 
constitutes a substitution of attorneys in fact; (?) When a patent is 
issued to one who has sold a right t-o make a lieu land selection under 
the act of June 4, 1897, ouch patentee holds the naked legal title in 
trust, subject to the right of the attorney in fact whose name has been 
entered in. the pov/er of attorney given by the patentee to convey it, 
Sandpoint Lumber and Pole Company vs Anderson, 186 Pac, 254. 

Desert Land Contest - Affidavits - Jurisdicti on . 

. (l) An affidavit in support of a contest against ardesert- 
1 and entry, alleging the land had not been reclaimed, irrigated or im- 
proved as required by the law, is hot insufficient; (2) Affidavit in 
Support of a contest of entry under the desert-land law is merely a 
preliminary process required as an evidence cf good faith by the 
Rules. of Practice, so that any defect in it is not necessarily- fatal 
to the contest; (3) A decision of the lLand Department upon any ques- 
tion of fact, in' determining 'the right of any person in respect to 
the public lands, is conclusive upcn all other tribunals, in the ab- 
sence, of. fraud, mistake, or imposition. Sanders vs Dutcher, 187 Paci51. 

Waters and Water Course s,, " ' 

The non-navigable stream, as' applied to a water course in 
California, means a water course which has a regular flow, and not 
merely that gathered' during time of storm. San Pedro, Los Angeles 
and Salt Lake Railroad Company v-s Simons Brick Co., 187 Pac. 62. 

Waters- and Water Courses . 

Riparian owners upon water flowing in adefinite channel, so 
as to constitute a' water course, have the right to insist that the wa- 
ter shall continue to run as it has been accustomed, and no one can 
change or obstruct it's course injuriously to such owners, without be- 
ing liable. Burkett vs Bayes, 187 Pac., 214. 

Waters and Water Courses . 

A water right acquired by appropriation* and beneficial use 
upon land in the quiet possession of th'e appropriator, and upon which 
he. has made valuable improvements and reclaimed in part, is not depend- 
ent upon the title to the' soil from which the water is used. Lau ranee 
vs Brown, 185 Pac, 761. 

-si- 



Waters and V/ ater Rights . 

The open, exclusive, adverse and peaceable possession and 
use of a reservoir for the purpose of storing water, for over thirty 
years, gives a right to such use as complete as if acquired by pur- 
. chase or condemnation. Haines vs Marohall, 135 Pac., 651. 

Water Bight - Adjudication . 

A decree for a water right must be read with the understood 
provision that only such water nay be used as is reasonably necessary 
and every owner of an adjudged priority holds the right subject to the 
rights of other holders. Koen vs Fort Bent Ditch Company, 185 Pac. 653. 

Land Al lo tment - Vested Right . 

An Indian, given by statute the general right to an allot- 
ment from lands of the tribe, acquires no vested interest until the 
allotment is definitely selected,' located, and set apart, and until 
such tine Congress lias plenary power to change the node of disposition 
of the land. Chase vs United States, 251 Fed., 333, 

Mining Claim - Adverse Proceedings - Stamp Tax - Sec. 2332 R.S . 

The cases of George A. Cole et. al., vs Joseph Ralph, in 
which a decision was handed 'down by the United States Supreme Court 
March 15, 1920, involved a very interesting discussion of a number 
of the fundamental principles upon which the acquisition of mining 
titles rest. The character of adverse proceedings and parties to 
such action are considered not only with respect to the case in 
hand, but on general principles. 

Incidentally, the absence of revenue stamps required by 
the act of October 22, 1914 (38 Stat., 762), on certain deeds intro- 
duced in evidence, was the subject of decision, the court saying that 
the deeds were not invalidated for this reason, nor inadmissible as 
evidence: 

"The relevant provisions of that act, while 
otherwise following the language of the earlier acts, 
do not contain the words of those acts which made such 
an instrument invalid and inadmissible as evidence 
while not properly stamped*" 

The discovery of mineral as the basis of a claim, and its 
subsequent location, are each in turn discussed, and the object and 
scope of adverse proceedings defined. 

The construction, however, given by the court of Sec. 2332 
of the Revised Statutes, is perhaps the leading feature of this deci- 
sion. This section provides: • ■ 

-52- 



tr wTie:e i-'uch person or association, they and their 
grantors, have held and worked their claims for a period 
equal to the tine prescribed "by the statute of limita- 
tions .for mining clains of the State or Teriit cry where 
the sane ray be si+uated. evidence o T " such possession 
and working of the claims for such perioa shall be suf- 
ficient to establish c. right to a patent theijfo under 
this chapter, in the absence of any adverse cltim.." 

In construing this section, the court saic: 

''The defendant, conceiving that the sect iun could .. 
be .invoked in the absence of a mineral discovery s re- 
quested the court to instruct the jury tha*; if the lode 
claimant held and worked the lode claims for a period 
of two years — the local prescriptive period for ad- 
verse possession, Rev* Laws, 1912, Sec 49bl < — before 
the placer claims were initiated, such holding and work- 
ing were the full equivalent of all that was essential 
to the validity of the lode claims, including discovery. 
That request was refused and others were then presented 
which differed from it only in that they treated dis- 
covery as essential by coupling it with holding and 
working. These were also refused, but no complaint is 
made of this — obviously because the jury were told 
that under the evidence the lode claims should be re- 
garded as valid, if only the requisite discoveries were 
made at any time before the placer claims were initiated. 
The jury, as we have seen, found as a matter of fact 
that there was no such discovery. 

"The effect which must be given to Section 2332 
in circumstances such as are here disclosed,- whether 
it substitutes something else in the place of discovery 
or cures its absence - is the matter we have to consider. 
That the section is a remedial provision and designed 
to make proof of holding and working for the prescribed 
period the legal equivalent of proof of acts of location, 
recording and transfer, and thereby to relieve against 
possible loss or destruction of the usual means of es- 
tablishing such acts, is attested by repeated rulings in 
the land department and' the courts. But those rulings 
give no warrant for thinking that it disturbs or quali- 
fies important provisions of the mineral land laws, such 
as deal with the character of the land that may be taken, 
the discovery upon which a claim must be founded, the 
area that may be included in a single claim, the citizen- 
ship of claimants, the amount that must be expended in" 
labor or improvements to entitle the claimant to a pat- 
ent, and the purchase price to be paid before the patent 
can be issued. Indeed, the rulings have been to the con- 
trary." 



It is interesting to note in this' connection' that in a de- 
cision of this office under date of February 11, 1919 (Visalia 05131 
et al)., it was said: 

.. "There v/as also advanced at the oral argument before 
this., office the proposition that the defendant company's 
adverse possession of the area embraced in these four oil 
claims for five-years during which time diligent work was 
being carried on .leading to discoveries of oil, coupled 
with discoveries on each 160-acre claim during that time, 
entitles it to patents regardless of the nature of the 
original locations. Defendant company contends if it 
fails, .to prove its right to pat ents to- the. area described, 
in the!' present applications under actual location on the 
ground, it still has a right to patents under Section 
2332, U.S.R.S., advanced as a second basis for patents. 

"If this contention is sound, -we would thus have 
a method by which a corporation which can acquire only 
twenty acres in a single claim, could acquire 160 acres 
in a single claim, by reliance on a statute of limitations 
- b"y the mere lap-se of time. We do not believe that 
Section 2332 was ever intended to 1 provide another and 
different method, of acquiring title to mining property; 
the "claims" there referred to are the same sort of ' 
cla ims described and referred to in the other sections 
of the, mining lav/* Section 2332 merely goes "to the 'mat- 
ter of the proof, of the existence of such- claims ; it is 
not a substitute for discovery, or for qualified par- 
ties in or by whom such claim -is initiated, nor' is 'it 
an enlargement ox the rights conferred 'on persons or 
associations by the other sections of the statute," 

Mining; Clai m - Placer Location,, 

..It is the policy -of the Unit ed ' St at e s to have mining loca- 
tions in compact form; if the lands have been surveyed, the location 
in its exterior limits must . conform 'to the public survey, if. reason- 
ably practicable; if the land' is unsurveyed, the location as reason- 
ably as practicable, must be rectangular in form/ with east and west 
and north and south -boundary lines* But this 'does not require a 
placer locator to conform his location to legal 'subdivisions of the 
public surveys when .conformity -would compel him to place bis line 
on other prior located claims. Dripps vs Allison Mines. Company, 187 
Pac a , 443. : • [ ' ,' ■;■ 

Mining Claim - C ertificat e o f ' Location ,. 

The certificate of location of a mining claim recorded in 
due time, and for mor$ than a year before attempted location of 
another conflicting claim, was notice to locators. .of such other claim 
of the dimensions of the first claim, properly staked out on' the ground 
though there was an error in the description of the claim in the posted 
notice at the discovery shaft. Courtney vs Ward, 187 Pac a} 517. 

-54- 



Water s and Wat er C ou rses . 

Artificial waters are not subject to appropriation under 
the statutes of the State of Nov: Mexico defining what waters are 
subject to appropriation; but when such waters are deposited in a 
natural stream and the crea'ter of the artificial flow has lost his 
dominion over then, the waters are subject to appropriation and use. 
Hagermann Irr. Company vs East Grand Plains Drainage District, 187 
Pac, 557. 



The nan who plants his savings in War 
Savings Stamps and Treasury Savings Certifi- 
cates grows a crop of interest that nothing 
can hurt. 

' Frosts t drouths, and market slumps 
mean nothing to then. They are always worth 
no re than they cost you. 



-55- 



■ySiroular No, 6 78 

REGULATIONS COVERNING THE DISPOSITION OF APPLI- 
CATIONS FILED UNDER THE PROVISIONS OF PUBLIC RESOLUTION- 
NO. 29 (HOUSE JOINT RESOLUTION 20), APPROVED FABRUARY 14, 1920, 

DEPARTMENT OF THE INTERIOR 
GENERAL LAND OFFICE 

Washington March 31, 1920. 



Registers and Receivers, 

United States Land Offices, 



Public Resolution No. 29, giving to discharged soldiers, 
sailors and' marines a preferred right of homestead entry^ approved 
February 14, 1920, provides; 

"That hereafter, fcr the period of two years fol- 
lowing the passage of this Act , on the opening of pub- 
lic or Indian lands to entry, or the restoration to en- 
try of public lands theretofore withdrawn from entry/ 
such opening or restoration shall, in the order therefor,. 
provide for a period of not less than sixty days before 
the general opening of such lands to disposal in which of- 
ficers, soldiers, sailors or marines who have served in 
the Amy or Navy of the United States in the war with 
Gemany and been honorably separated or discharged there- 
from or placed in the Regular Army or Naval Reserve, shall 
have a preferred right of entry under the homestead or 
desert-land laws, if qualified thereunder, except as 
against prior existing valid settlement rights and as 
against preference rights conferred by existing laws or 
equitable claims subject to allowance and confirmation; 
Provided, That the rights and benefits conferred by this 
Act shall not extend to any person who, having been 
drafted for service under the provisions of the Select- 
ive Service Act, shall have refused to render such ser- 
vice or to wear the uniform of such service of the United 
States. 

"Sec. 2. That the Secretary of the Interior is 
hereby authorized to make any and all regulations neces- 
sary tc carry into full force and effect the provisions 
hereof." 

Sec. 1 . Dura t ion of Pr eferenc e Ri^.ht per iod . Public or 
Indian lands opened to entry or restored from withdrawals or reser- 
vations after February 14, 1920, and prior to February 15, 1922, are 
subject to the provisions of the public resolution. The time provided 
therein for filing homestead and desert-land applications by those en- 
titled to exercise the privileges conferred thereby, will begin and 
terminate as provided hereinafter, unless otherwise direct-ed in the 



-5*- 



order opening or restoring the lands. Where such period begins prior 
to February 15, 1922, it will continue for the tine prescribed, even 
though such period extends after February 15, 1922. 

Se c. 2. Persons entitled to the Benefits of the Public 
Resolution. . . 

(.a) The words," officers j soldiers, sailors and marines , n as 
employed in the public resolution, are generic terns and embrace pri- 
vates, seamen, sailors, nurses and all other persons, male or female, 
Who by enlistment or otherwise, were regularly enrolled in the Amy, 
Navy .or Marine Corps of the United States during the war with Germany, 
and who could not voluntarily terminate such service, but does not 
include civilian employees, nor officers, nurses or members of other 
organizations not so enrolled in the Army or Navy. Persons entitled 
to the foregoing privileges will be deferred to hereinafter generally 
as soldiers. 

(b) . A person now in the active service of the United 
States Army, Navy, or Marine Corps> is not entitled to the privileges 
of the public resolution unless he can show an honorable discharge or 

'separation from a previous service in the -Army, Navy or Marine Corps 
subsequent to April 6, 1917. Whenever such person can show an hon- 
orable discharge or separation from such service , he may avail himself 
of the benefits of the public resolution. Persons who were honorably 
discharged or separated- from service in the Unit ed . .St at es Army, Navy 
or Marine Corps after' April 6, 1917, and who by re-enlistment or. other- 
wise are now engaged in such service, may exercise the privileges con- 
ferred by the public resolution, but must, if they make entry, comply 
in all particulars with the applicable law and regulations, 

(c) An alien soldier who served in the United States Army, 
Navy or Marine Corps, during the war xvith Germany, and was honorablyu 
discharged, is given the status of a declarant by the act of May 9, 
1918 (40 Stat., 542), and if otherwise qualified, may exercise the 
privileges conferred by the public resolution, and may make an original 
homestead entry or desert-land declaration, but must, before proving 
his'.title under either act, complete his citizenship. 

(d) A minor soldier, if otherwise within the provisions of 
the public resolution, may, under the act approved August 31, 1918 (40 
Stat., 955), make either a homestead or desert-land entry, and during 
his minority, or until he reaches the age of twenty-one years, nay 
verify his homestead or desert-land application before any officer, 

at any place, authorized to administer oaths under the laws of the 
state within which the land, applied for- is situated. Among officers 
so recognized may be mentioned notaries public, and clerks of courts 
of record in this country, and consular and diplomatic officers in 
foreign countries. In connection, however, with public land entries 
made by minor soldiers, attention is directed to the restrictive pro- 
visions attaching to such entries by Public Resolution approved Septem- 
ber 13, 1918 (40 Stat,, 360), and departmental instructions thereunder 
of October 9, 1918, circular 622 (46 L.D., 45l). 

-57- - 



Sec. 3. Qualification of Soldiers . 

The public resolution provides that the privileges thereunder 
nay be exercised only by those qualified to nake a homestead entry or 
desert-land declaration. A soldier who at date of application is the 
owner of 'more than 160 acres of land in any State or Territory of the 
United States, can not nake an original homestead entry. The owner- 
ship -of land is no bar to making a desert-land declaration, but the .. 
soldier at the time of filing such declaration must be a resident of 
the state in which the land is situated. If the soldier at the time 
his application is filed is not the owner of more than 160 acres of 

-land in any State or Territory, has not made homestead entry or desert- 
land declaration, nor taken by assignment a desert-land entry, nor ac- 
quired agricultural lands from the government , he may make either an 
original homestead entry or desert-land declaration* or both, within' 
ihe limitations fixed by law, if the land applied for is subject to 
the entry sought „ If he has made a homestead or desert-land entry, 
or has acquired from the government title to agricultural" lands, he 
should, before filing his application, consult Suggestions to Home- 
steaders, circular No. 541, and Statutes and. Regulations' governing 
'entries under the desert land laws, circular No. 474, both of which 
may be obtained by request from the Commissioner of the General Land 

, Office. 

Sec. 4. Showing Required to. Entitle the Soldier to the 
Preference Provided . 

The soldier must show his qualifications to make the entry 
sought/ and in addition thereto, either as a part of his application 
or by an accompanying statement -sworn to before an officer qualified 
to verify homestead or desert land applications, that he served in the 
'United States Army, Navy or Marine Corps on or after. April 6, 1917; the 
approximate period of such service.; the unit, or units in which such 
service was performed; that he was honorably separated or discharged 
from such service or placed in the Regular Army or Navy Reserve, and 
the date thereof, and that .he did not refuse t.o-perform such service 
or wear the uniform thereof* He should attach to his application a 
copy of his honorable discharge or separation, or the order placing 
.him in the Regular Army or Navy Reserve, as the case may be, certi- 
fied as correct by an officer with a seal, but he will not be required 
to. file the original order of discharge or transfer. A minor soldier 
must show, • in addition to the above.; that' he was under tweftty-b'ne years 
of age" at the date of the' execution of his application. 

Sec. 5. S-oldier^s Declaratory Statemen t Not Effective "•> .E ntry 

Must be Made . 

Rights extended by .the public resolution can not be supported 
by soldier's declaratory statement under the homestead law, but must be 
exercised through an application to make honest ead. entry. 



-b8- 



Sec. 6. Execu tion and Prese ntation of Applica tions. 

To avail himself of the privileges' conferred by the public- 
resolution, the soldier, unless' he be a' minor, nunt, if not within, ' go 
to the land district in which the land is it'ed, and he shoul • per-' 

sonaiiy examine the land applied lor,, He \..:. trie his a'pplieetion, 

whether it be under the homestead or de3erfc~l.a3.1cl laws, before either 
the register or receiver of the local land office, or before a United 
States Commissioner, or a judge or clerk of a court 01 .record in the 
county in which the land is located, or before one of such officers in 
the land district and nearest or most accessible to the land. When; so 
executed, the application nay be presented to the land office in per- 
son, by nail, or otherwise, A minor soldier nay execute his applica- 
tion in the manner provided in paragraph (d), Section 2, hereof., 

S ec. 7. Soldier Must Make Entry Under the Law App licable , 

Where under the law or order of restoration issued pursuant 
to the provisions of the act of September 30, 1913 (S8 Stat ft . ? .Hi,), 
the lands are restored to entry only under the provisions of either 
the' homestead law or the desert-land law, applications by soldiers" 
must be rest rict ed to the applicable law, but where under the law or 
order of restoration entries nay be made under either or both of such 
laws for lands properly subject tnereto,' a soldier may file an appli- 
cation under the homestead law and one under the desert-land law, if 
he does not by such applications include more land than he 'may law- 
fully acquire under the agricultural laws, provided he is qualified 
to make the entry sought, and the lands' embraced in such applications 
are lawfully subject thereto, but he will not be permitted to file 
under both acts for the same tract 

Se c. 8, Pa yment s 

The soldier must make the payments required of other persons 
under the law, pursuant to which his application is filed or entry is 
made. 

S ec* 9. Co mplianc e with Law after Entry . 

The soldier must comply with' the provisions of the desert- 
land law in the same manner and make the expenditures on the land and 
the payments required of other entrynen under that law'., Where entry 
is made under the homestead law, the soldier may, under the provisions 
of the act approved February 25, 1919 (4C Stat, ," llSi) , art ending ■ t he " 
provisions of Sec, '2305 R C S to service in the United States' M my . Navy,' 
or Marine Corps, in connection with the operations on the Mexican B.order, 



C p^^rr +vm tre^-rc s , n r>r,"7-! n'(T Ma ela-5-in,. He must establish reside 




W: 

side on the land . 

quired of other persons. He may at any tine after - f he first year of 

his entry submit his proof, when he can show that the period of his 



compliance with the law after establishing residence' and his military 
service equal 36 months, In applying credit for military service un- 
der the general or enlarged provisions of the homestead law, the fol- 
lowing rule will be observed: 

A soldier v/ith 19 months or more military service will be'" 
required to reside on the land at least 7 month's during the first en- 
try year;' with more than 12 and less than 19 months, he' must reside 
on the land 7 months during the first year and such part of the' second 
year as. , added to his excess over 12 months service, will equal 7 
months, and must cultivate one-sixteenth of the area the second year; 
with 7 and not more than 12 months, he must reside upon the land 7 
months during each of the first and second years, and cultivate one- 
sixteenth of the area the second year; with 90 days and less than' 7 
months, he must reside upon the land 7 months during each year' for 
the first and second years, and such part of the third year a's, ad- 
ded to his service, will equal 7 months, and cultivate one-sixteenth 
of the area the second year and one-eighth the third year; and with' 
less than 90 days service, will receive no credit therefor in lieu of 
residence and cult ivation If he delays the submission of proof be- 
yond the period of residence required, the cultivation necessary for 
the years elapsing before the submission of proof must be shown* He 
may apply for and receive a reduction in the area to be cultivated, 
in the same manner and under the conditions required of other appli- 
cants. Where the entry is made under the stock-raising provisions of 
the homestead lav/, the above rule with respect to residence will be 
applicable, but the soldier must make the improvements on the land 
required of other persons under that law, and show in lieu of culti- 
vation that he actually used the land for raising stock and forage 
crops during the period that he was required to reside on the land. 
He must show, in any entry under the homestead laws, that he had a 
habitable house on the land at the date of submitting proof. 

Sec. 1 0. Lands Affected by the Publ ic Resol ution. 

The public resolution affects only lands that may be en- 
tered under the homestead or desert-land acts, and does not extend the 
provisions of either of said lav/3 to areas not otherwise subject thereto. 
It applies in all cases where such lands 'become subject to entry, (a) 
by the filing of township plats of survey or resurvey, or (b) where 
Indian lands are opened to entry, cr (c) where public lands are re- 
stored from withdrawals or reservations, or (d) where lands are em- 
braced in relinquishments which do not become effective upon being 
filed in the proper local land office, but upon which action by the 
Commissioner or Secretary is necessary before the lands affected are 
restored to disposition, or (e) where titles are recovered through ac- 
tions in the courts^ It does not apply to lands that were open to en- 
try on the date of its approval, nor to lands embraced in entries can- 
celed by contests, or by* reason of expiration of the statutory period, 
nor to lands embraced in entries or selections where under the lav/ such 



.-e-Q* 



lards beoone subject to entry upon the filing of proper relinquishments 
thereof in the local lard office* Wtoere, however; entries made under 
the provisions of the public resolution, are rrelinqui shed before the 

expiration of the p-efere:ice right period accorded to soldiers, the 
lands affected thereby nay be entered only by soldiers during such 
preference right period „. 

Sec. 11. Classes of Homestead 1 and Peso rb -Land Entries 
Allowabl e. 

The public resolution applies to ail classes of homestead en- 
tries, whether under the 16C, 320, or 640-acre provisions, and hone- 
stead and desert-land entries whether the entire estate is sought, or 
whether the minerals are reserved to '-the United States. A soldier's 
homestead application under the enlarged, the stock-raising, or other 
special provisions of the law, vail be governed by the regulations 
applicable thereto, and. if by drawing, in case of simultaneous' ap- 
plications, or by tine of filing such application is accorded priority, 
it will be disposed of accordingly. 

Sec 12. Unsurveved Lands . 

The public resolution' -will not prevent settlement on. unsur- '-. 
veyed lands otherwise subject thereto) prior to the, filing of" the town- 
ship plat of survey, and where settlements are so- made, by qualified 
persons and maintained in the manner required by law, the rights se- 
cured thereby vail not be subordinated, upon, the restoration of the' 
lands to preferences asserted under the public resolution, but, from 
the date of the filing of the township plat of survey and until the 
preference period provided for soldiers has expired, settlements on 
the lands affected will confer no rights whatsoever. 

Sec. 13. Rights That May D efeat Sol di er's A mplicat ion. 

. The rights conferred by the public resolution are subject to 
existing valid settlement rights and preference rights under existing 
laws, or equitable claims that are subject to allowance and confirma- 
tion. Yifithout attempting to enumerate all the valid claims and exist- 
ing preference rights that might defeat a soldier's application, the 
following may be mentioned: 

(a) Settlement made by a qualified person at a time when 

the land was lawfully subject thereto, and maintained in the manner re- 
quired by lav; to date of such application. The soldier may avoid-'con- : 
flict with such settlers* claims by carefully examining the land before 
filing his application. 

(b) The preference rights granted under the provisions of . . 
the act of August 13, 1394 (23 Stat„, 394), to the States of Washington, 
Idaho, Montana, North Dakota, South "Dakota., Wyoming, and Utah, upon its 
admission into the Union, and subsequently extended to the' States of New 



«ai-s 



Mexico' and Arizona, by Sees, 11 and' 29 of the enabling act of June 20, 
1010 (36 Stat., 565, 575). Where the states mentioned applied for the 
survey of public lands within their respective limits, and complied 
■with the requirements of said act, the preference rights accorded by 
said act, if exercised within the sixty days provided, will defeat 
a soldier's application. The period within which the State must ap- 
ply in order to protect its preference will begin with the date of 
the order of restoration of lands withdrawn or in reservation and sur- 
veyed during the time of withdrawal or reservation, and from the date 
of the filing of the township plat of survey, where the lands were 
not so withdrawn or reserved, 

(c) The preference right granted the states of North Dakota, 
South Dakota, Montana, Idaho, and Washington, by the act of March 3, 
1893 (27 Stat., 592), will not defeat soldiers 1 applications during 
the preference right period eactonded by the public resolution. Under 
the act of March 3^ 1893\ the rights therein granted attach only when 
the lands shall have become subject to appropriation under all of the" 
applicable ptiblic land laws, while the preferences granted soldiers by 
the public resolution are effective for a period ©f at least sixty days 
before such lands shall become subject to appropriation by others * 
Therefore, the provisions of the aforesaid act ©f March 3, 1893^ will 
not prevent the allowance of applications by soldiers during the period 
hereinafter fixed for filing such preference right applications^ but 
upon the restoration of the land to entry generally, the rights b'f 

the several states to lands not then appropriated will attach, and 
for the period of sixty days thereafter v/ill be superior to the claims 
of all other applicants, including soldiers. 

(d) The' act of June 11, 1906 (34 St'at,, 233), Lands re- 
stored under the provisions of the said act of June 11, 1906, are 
under.the terms of such act, subject to -preference rights as follows* 

(l) For a period of sixty days, by settlers prior to January 1, 
1906 , who shall not have abandoned such settlement prior to applica- 
tion; 

;. (2) For a like period by persona, if qualified to make homestead 
entry, upon whose applications the lands were examined and listed; 

The foregoing preferences are granted in the order named, ; 
and the sixty-day period begins on the date the list and order of 
restoration reach the local land office, 

(e) Preference rights extended certain Carey Act entrymen . 
under the act approved February 14, 1920, Public Mo. 140. The rights- 
granted settlers under the provisions of Public. No. 140 are not abso- 
lute, but are conditioned upon the recognition of such rights by the 
Secretary of the Interior in the order restoring such lands to the 
public domain, Where the order restoring Carey Act lands does not 
recognize the preference rights of settlers, nor provide for the ex- 
ercise thereof, soldiers' applications will be governed by paragraph 
(a) Sec.. 14, hereof. 



-6§- 



Sec. 1-1. Order Applicable to L ands Open e d or Re st prod 
Subject to the Previsions cf the Public ftssoluti on ,' " 

It is ordered and directed that hereafter, and until February 
15, 1922, when any surveyed lands within the provisions of the .'public 
resolution are opened or restored to disposition under the authority 
of the Department, such lands, unless otherwise provided in the order 
of restoration, shall become subject to appropriation under the laws 
applicable thereto, in the follovdng manner, and not otherwise: 

(a) Lands not affected by the preference rights conferred 
by the acts of August 18, 1894 (28 Stat,, 394) or June 11, 1906 (34 
Stat., 233), or February 14, 1920 (Pub. No. 140), will be subject to 
entry by soldiers under the homestead and desert-land laws, where 
both of' said laws are applicable, or under the homestead lav; only, as 
the case may be, for a period cf 63 days, beginning with the date of 
the filing of the township plat, in case of survey or resurvey, and 

•with the 63rd day from and after the order of restoration, in all 
other cases, and thereafter to disposition under all of the public 
land laws applicable thereto. For the period of 20 days prior to the 
restoration or opening of such lands to soldiers' entry, and for a 
like period prior to the date such lands become subject to entry 
generally, soldiers in the first instance, and any qualified appli- 
cants in the second, may execute and file their applications, and 
all such applications presented within such 20-day periods, together 
with those offered at nine o Vclock 'aim* , standard time, on the dates 
such lands become subject t© appropriation under such applications ^ 
shall be treated as filed simultaneously. 

(b) Where the lands are subject to the preference rights 
conferred by the acts of August 18, 1394 (23 Stat,, 394-), or June 11, 
1906 (34 Stat., 233), and where in the order restoring Carey Act lands 
preference rights of settlers are recognised under the provisions of 
the act approved February 14, 1920 (Public No, 140'), the lands not ap- 
propriated under such dominant preference rights will become subject 
to entry by soldiers under the provisions of both the homestead and 
desert-land laws, or the homestead laws only, at nine o'clock a.m., 
standard time, on the first office day after the termination of such 
preference right periods, and to entry under all the applicable pub- 
lic land laws at nine o'clock a.m. /standard time, on the 6 3rd day 
from and after such first office day. Soldiers' applications may be 
filed at any time during such preference right periods, and will be 
held subject to such superior preference rights. If the controlling 
preference right be exercised within the time prescribed, applications 
of soldiers in conflict therewith will be rejected. If such preference 
rights be not so exercised, the applications by soldiers filed during 
Such 'preference right periods, together with those filed at nine o'clock 
a.m., standard time, on the first office day follovdng the termination 
of such periods, will be treated as filed simultaneously* 



-63- 



SecT 15. Disposition of Applications * 

(a) Applications treated as filed simultaneously will be. re-' 
jocted where they conflict with superior claims'; otherwise they wall be 
disposed of in the manner required by circular 324, approved May 22, 
1914 (43 L.D., 254). 

(b) Soldiers* applications and those, of other qualified per- 
sons filed after nine o'clock a e m», standard tine, on the dates the 
lands become .sub j ect to such applications, will be disposed of in the 
order filed. 

S ec. 16. Restoration of lands to Gen eral Dispositio n „ 

(a) While the special privileges extended by the public reso- 
lution may be exercised by soldiers of the war with Germany only, 'when 
the lands shall have been restored to disposition generally, under the 
applicable public land laws, soldiers of any war may*, proceed on terms 

of equality with other qualified persons* Those who served for 90 days' 
®r more in the United States Army, Navy or Marine Corps during the' Civil 
War, Spanish- American War, or Philippine insurrection,, and were honor- 
ably discharged, may initiate claims under the homestead law by filing 
declaratory statements, either in person or by agent. These who served 
in. the United States Army,' Navy or Marine Corps for 90 days or more in 
connection with the operations on the Mexican border, or during the war 
with. Germany, and were honorably discharged, may file declaratory state- 
ments in person, but not by agent. The soldiers who make entrj 7- after 
restoration of the land to general disposition may apply such military 
service in lieu of residence in proving claims under the homestead laws, 
to the extent indicated in Section 2 hereof. 

(b) Where the lands are affected by the provisions of the 
act of March 3, 1893' (27 Stat, J b92) , the applications of soldiers and 
other persons will be held subject to the rights of the State for a 
period of 60 days from and' including the date of such general restora- 
tion. 



Very respectfully, 



CLAY TALLMAN, 

Commissioner, 



Approved: March 31, 1920, 

ALEXANDER T. VOGELSANG, 

First Assistant Secretary. 



-64- 



CONSOLIDATED WORK REPORT OF LOCAL- LAND OFFICES 
FOR HOFTH OF FEBRUARY' 1920. 





.CaseS 


Fencing 












and received. 


Cases disposed o: 


r 


ndirg 


Office ' : 
















Pend- 


ReC'd 


Total Trans' 


Trans 


.Ref 'd 


: Total 1 


: Fbb. 29 




\-n-r 
— o • 






mit ' d • 


nit ' d 


to ' 




1920 




Feb .1: 






on An- : 


other 


Chief 






'~ : 


1920 ■ 






peal ■ ■ 


".vise 


Field 


















Dxv . 






Alabama 


















Montgomery fa) 










= 1 - 






Alaska 


















Fairbanks (a) 


















Juneau 


. 34 


38 


: 122 




37 


2 


: 39 


: 83 


Nome ( a ) 


















Arizona : 


















Phoenix (a)- 


















Arkansas- 


















Camden . 


16 


45 


. 51 




34 


10 


: 44 


17 


Harrison- 


150 


130 


. 340 




. 184 


3 


: 187 


153 


Little Rock 


110 


259 


. 059 




. 242 


. 10 


: 252 


117 


California 


















El., Centro 


Z n 


62 


39 


1 


. 49 


18 


: 68 


• 21 


Eureka 


. 183 ■ 


13 


. 19 5 


11 


2. 




: 13 


183 


Independence 


. 220 ' 


65 ■ 


235 




55 


3 


: 53 


227 


Los Angeles 


175 ' 


175 


■ 3.50: 


5 • 


-161 • 


• 10 


175 ': 


174 


Sacramento:; ■ 


605 


114 • 


719 


1 


145 . 


4 


150 • 


5 59 


• San- Francisco 515 


133 , 


. 643 




117' 


9 


: 126 


522-' 


Susanvills 


233 


35 


318 




. '36 


10 


46 


272 


Visalia. 


: 509 


174 • 


683 




" 179 




: 179 ■ 


504 


Colorado 


















Del Forte 


170 


3 n 


. or\<7 , 

in;! 




34 ' 


2 


36 


.171 


Denver 


. 335 


. 114 


. 450 


-) 


. 153. 


■ V . 


163 


237 


Durango 


. 352 


DJ- 


. 413 


1 


. 49 


2 


52 


351 


Glenv/oodSpgs 


;2430 


: 146 


.2576 




291 


7 


298 


ZiCio 


Hugo 


16 


30 ■ 


46 




~26' 




: . 26 


20 


Lamar . 


: 430 


, 342 


. 772 


; J. 


292. 




: 293 


474 


Leadville 


430 


: 73 


503 




62. 


1 


: 63 


445 


T-.iontrose(a) 


















Pueblo (a) 


















Sterling 


. 299 


92 


. 391 





.103 


: HI 


230 


Florida 


















Gainesville 


. 33 


97 


. 135 


: 1 


. 56 


, t 


; 94 


41 


Ken' Mexico 


















Clayton 


: 503 


175 


: 673 


: 3 . 


.' 149. 




:• 156 


: 522 


Fort Sumner 


28 ^ 


. 149 


431 




157 




: .' 157 


: 274 



-65- 



Las Cruces : 1036 

Ro'srwell : 1186 

Santa Fe : 259 2 

Tucumcari : 244 

North Dakota : 

Bismarck : .'94' 

Dickinson : 215 

Mi not : 70 

Williston : 8 

Oklahoma : 

Guthrie : : 138 

Oregon : • 

Burns : . 222 

La Grande : 1017 

Lakeview : 235 

Portland : 100 

Roseburg : 43 

The Dalles : 1180 

Vale : ■. 406 

South Dakota : 

Belief ourche : : 566 

Gregory : 122 

Lemmon : 259 

Pierre : 264 

Rapid City : 1684 
Timber Lake(a) • 

Utah : ' 
Salt Lake City (a) 

Vernal : ■ 75 

V/ashington : 

Seattle : 5 

Spokane. : 124 

Vancouver : 41 

Walla Walla : 158 

'Waterville : 286 

Yakima : ■ 114 

I daho : 
Blackfoot (a): 

Boise : 804 
Coeur d'Alene: 123 

Hailey (a) : 

Lewiston : ' 143 

Kansas : 

Topeka : 119 

Louisiana : 

Baton Rouge : 54 

Michigan ; ' 

Marquette : 14 

Minnesota : ' 

Cass Lake : ; 320 

Crookston : 293 

Duluth : 34 
Mississippi 



160 

299 

29 4 

87 



33 

59 
27 
33 

94 

28 
123 
16 

53 
56 

199 
79 

95 
23 
89 
66 
119 



46 

25 
49 
12 
23 
63 
48 



161 

13 

22 
42 

59 
20 

35 

106 
32 



: 119 6 




: 168 


1 


: 169 : 


: 1485 


: 19 


: 305 


2 


: 326 : 


: 2886 


: 4 


: 193 


: 8 


: 205 : 


: 331 


: 5 


: 72 


. A 


: 81 : 


: 127 




: .28 




28 : 


: 274 


: 55 


: 


4 


: 59 ' : 


: 97 


: 3 


:. 28 


1 


: 32 : 


: 113 




: 34 




34 .: 


; 232 


1 


: 86 




87 ' : 


: 250 


1 


:.. '47 


: ' 1 


: ' 49 . : 


: 1140 


: 1 


: 125 


:. 12 


: 138 : 


V 601 


9 


41 


: 16 ' 


: : • 59 : 


: 153 




1 .56 


: 1 


: '. 67 : 


i .99 


1 


: -56 




: ; ' 57 : 


: 1379. 


4 


: 179 


:• 19 


: 202 ■ : 


: 485 


: 2 


: , 66 


: 6 


: 74 • : 


: 661 


: 1 


: 139 


:. 4 


: 144 : 


: 145 




: . 21 




:: 21 : 


: 348 


: 1 


: 93 


:. 2 


: 9 6 : 


: 330 




i 41 


: 12 


53 : 


: 1803 




62 


:. 6 


:: 68 : : 


: 121 


j 


: ■ 48 




48 : 


: 30 


: 1 


; 24 




: 25 : 


: 173 




: 49 




: 49 : 


: 53 




: 5 




: 5 : 


: 181 




: 15 


: 1 


:" 16 : 


: 349 


: 1 


: 50' 


: 11 


: 62 : 


: 162 




: : 47 




:' 47 ' : 


: 965 


: 3 


157 


:' 6 


. 166 ■ : 


: 141 




; 22 




22 • : 


: 165 • 




22 


2 


24 ' : 


: 161 : 




; 41 ; 




41 : 


: 113 : 




; 55 : 


5 : 


60 : 


: ' 34 : 




27 : 




27 : 


: 355 : 




154 : 




154 : 


: 399 : 




95 : 


1 : 


96 : 


: 66 : 


1 : 


: 28 : 


1 : 


30 ■ : 



1027 

1159 

2631 

250 

99 
215 

65 
79 

145 

201 

1002 

242 

86 

42 

1177 

411 

517 
124 
252 
277 
1735 



73 

5 
124 
' 4S 
165 
237 
115 



799 
119 

141 

120 

53 
7 

201 

303 

a6 



-66- 



Jackson 

Missuri 

Springfield 
Montana 

Billings 

Bozeman 

Glasgow 

Great Falls 

Havre 

Helena 

Kalispell 

Lewistovm 

Miles City 

Missoula 
Nebraska 

Alliance 

Broken Bow 

Lincoln 
Nevada 

Carson City 

Elko 

Wisconsin 

Wausau 
Wyoming 

Buffalo 

Cheyenne 

Douglas 

Evariston 

Lander 

Sundance 



: 17 


: 50 : 


: 1 


: 4 : 


: 175 


: 54 : 


: 449 


: 78 : 


: 966 


: 298 : 


: 687 


: 104 : 


: 69 4 


: 340 : 


: 993 


: 205 : 


37 


: 33 : 


: 1203 


: 225 : 


: 2752 


. 810 : 


: 88 


70 : 


: 146 . 


89 : 


72 : 


35 : 


: 15 : 


15 : 


: 473 : 


158 : 


: 174 : 


30 : 


: 20 : 


6 : 


: 2047 : 


232 : 


: 1760 : 


312 : 


: 2341 : 


430 : 


: 274 : 


62 : 


: 324 : 


178 : 


: 2617 : 


206 : 



229 

527 
1264 

791 . 
1034 
1199 
70 
1428 '•" 
3562 

158 

235 ; 
107 

30 

631 
204 

26 

2279 
2072 
2771 

336 

502 
2823 



: 39 


: 2 


: 42 : 


: 4 




: 4 : 


76 




: 76 : 


: 68 


: 7 


: 78 : 


: 128 


:100 


: 235 : 


: 118 


: 13 


: 134 : 


: 299 


: 4 


: 307 : 


: 199 


: 16 


: 220 : 


: 31 




: 31 : 


: 185 


: 14 


: 200 : 


: 436 


9 


446 : 


: 72 


1 


73 : 


: 89 ■ 


10 ! 


99 : 


: 25 


7 ■ 


33 : 


: 15 : 


2 : 


17 : 


: 143 : 


5 : 


148 : 


: 35 : 




35 : 


: 6 : 




6 : 


: 192 : 


5 : 


199 : 


: 298 : 


4 : 


305 : 


: 546 : 


41 : 


588 : 


: 55 : 


3 : 


59 : 


: 120 : 


5 : 


125 : 


: 858 : 


10 : 


875 : 



25 



153 

449 

1029 

657 

'727 

979 

39 

1228 

'3116 

85 

136 
74 
13 

483 
169 

20 

2080 
1767 
2183 
277 
377 
19 47 



Total 



40968 : 9472 : 50440 : 174 : 9369 :506 : 10049 



40391 



Note (a) No report received from these offices on March 27th, 1920 



-67- 



OBITUARY 

Queenie Smith . 

It becomes the sad duty of the Bulletin to chronicle the 
death of Miss Margaret Louise (Queenie) Smith, of the Recorder^ 
Division, on March 3, 1920, She had been absent from the office only 
a few days, and it was not known to many that her illness was at all 
serious, so the news of her death cane as a distinct shock to her aany 
friends. 

Predominant among the riany lovable traits of Miss Smith's 
character, was her absolute unselfishness, and thought fulness for the 
comfort and welfare of others. Those who knew her intimately were 
deeply impressed by the many manifestations of this beautiful attribute, 
Her life furnished many an inspiration for worthy acts Her memory 
will be cherished by her associates. 

"To live in hearts we leave. behind 
Is not to die a ? ' 



III REMEMBRANCE OF SAMUEL BUTLER 

Samuel Butler, Receiver o-f the United States Land Office at 
Sacramento, California, departed from this life at Sacramento, February 
22, 1920, after nearly seven years service in that position. Mr. 
Butler was born in Cornwall.- England, July 1865, and removed to Cali- 
fornia in the spring of 1&87 8 Having been a miner in. England, he set- 
tled in Grass Valley. and worked in the gold mines of that place and 
Nevada Cit3r, for many years. 

His educational .advantages when a boy were very poor as he 
was placed in the coal mines when only nine years old where he remained 
until he came to America, but he improved 3uch opportunities as were 
presented him at his new home, and within a few years became a con- 
tributor to the newspapers and a leader in the Miners Union, and was 
president of that organisation in 1902, when he became an important 
factor in the canpo.i£:2 of Franklin K. Lane (later Secretan.' of the 
Interior) for Governor of California. He campaigned the State in com- 
pany with Mr. Lane, and a strong friendship between these two men 
began and only ended with the death of Mr. Butler, 

After the campaign mentioned above, he engaged in newspaper 
work, and was editor of the Nevada City Transcript and Marysville Ap- 
peal. While on the latter paper in June, 1913, Secretary Lane recom- 
mended his appointment as Receiver of the Sacramento Land Office, which 
position he held unti3. his death,, 

He possessed a judicial mind and was ever anxious to promote' 
justice. He was especially energetic and efficient in connection with 

-68- 



all branches of his official duties fl Jfc was a philanthropist in con- 
reotion with asriiating younj heir oxn ' •, £.hd 

rican went to iva: . ' , igb ; .;; had no sons of 

his ow, he truthfully stated that ho had five boys engaged in s 
in Franc © a 

His death leaves a vacancy inthe Sacramento Land Office which 
it will be difficult to acceptably fill. 



APPOINTMENTS AND RSAPPOIN TMENTS 

John R„ Sharp, Register of the Land Office at Rapid City," South Dakota, 

Charles V', Marshall, Register of the Land' Office at Phoenix, Arizona* 

Charles R„ Yeoman, Receiver, at Newcastle J Wyoming. 

Carl H c Mas si e, ' Register, at N ewe agile," Wyoming*' 

Kayden M, White,,' Register (Re-appointment) ac Euffalo, Wyoming,, 

Janes ¥« Callahan", 'Register' ( Re-appoint aeni) at Guthrie, 'Oklahoma. 

Willi an B ."Dickson, Register ( Re-appointment ) at Dickinson, North Dakota* 

Frank B, Kinyon, Receiver ( Re-appoint ment) at Boise, Idaho* 

PERSONAL NOTES 

Special Agent John C u Brown, Who has for several years past 
been handling investigations in North Dakota, Minnesota, Michigan ard 
Wisconsin (the states comprising the old Dulutfc Field Division) with' 
headquarters at Washington, D. C,, resigned, effective March 15, 1920. 



Special Agent Fred Erickson, assigned to the Santa Fe Field 
Division, resigned effective March 5, 1920, 



Chief of Field Service J. D.Yelverton is at Santa Fe, New 
Mexico, Field Division. 



.'Mr. Benjamin F, Groves, Register of the District Land Office 
at Los Angeles, California, was a visitor at the General Land Office, 
in the early days of the last month, 

TELL THE BULLETIN 

To all local o ffices ..and , .f ield^erv^_e_er^pj.^ v_ees : 

If anything occurs, in the public land service, which you think 
should be chronicled," tell us about it. Address all communications to 
the Commissioner of the General Lend Office, "Land Sen/ice Bulletin.'* 
All communications should be received not later than the '24th of each 
nonth for use in the current number. 



- 59., 







Vol. 4. 



.lav 1, 19 2( 



:C . J . 



POSSIBILITIES OF PUB! 



LAND LEGISLATION. 



Readers cf the Bulletin who have been following our monthly- 
article "Pending Legislation, 1 ' have not failed to note the wide 
field covered by public land legislative measures in the present 
Congress. It might seem that with the diminution of our public 
domain there would be, in a corresponding degree, less public land 
legislation, at least in so far as it proposed x o part with the 
Federal title, but apparently it works the other way -- as our 
national assets in public lands run low, so much the more reason 
for devising new ways for their disposition. Many cf these measures 
are of undoubted merit, theoretically considered, if we still had to 
our credit the great domain with which we originally entered into the 
business of building states and free institutions; but with the rem- 
nant of public lands now remaining in Federal ownership, it behooves 
us to see that wo get full value received for every acre. Indeed, 
Congress has in late years acted along this line extending more and 
core the agricultural" opportunities of the smo.ll investor, at the 
same time conserving our great national wealth,, our f crisis, minerals, 
and water rower for the general uses of our people. 



At the present session 



-on 



press we have pending, however, 



one measure which, if it becomes a law, will practically put the 
United States out of the public lane business, and relieve us from 
all further anxiety on this subject. The bill is entitled ;: m c 
unreserved oublic lands to the several states," and in general terms 
provides that the public lands belonging to the United States which 
have not been reserved for any public or special use cf the Government, 



shall be ceded and granted to the particular states within the terri- 
torial boundaries of which such public lands may be situated*. This 
bill makes provision for the protection of rights that may have ac- 
crued under prior laws, but repeals all laws relating to the entry of 
public lands within the several states. Bills similar to this, propos- 
ing to terminate Federal ownership of public lands , were introduced in 
the 63rd, 64th and 65th Congresses, so that the proposition is not new 
at the present time. 

There are other bills, not so radical in their results, but 
calculated to render Federal ownership cf public lands undesirable, 
of which one provides compensation in lieu of taxes to the several 
states for public lands within their borders, defining the term "pub- 
lic lands" as meaning all public lands withdrawn from entry, except 
improved lands and lands used for military or naval purposes, or for 
public parks. This definition of public lands would practically in- 
clude our national forests and Indian reservations, and with this 
definition the bill provides that the United States Government shall 
assume the payment to the several states of sums of money equivalent 
to the amounts which such states would receive from the taxation of 
public lands within their respective borders, if such lands were 
owned by individuals; while another bill, limited in its operation 
to the state of Arizona, grants the right to the state to levy, 
assess, and collect from the United States of Americe a special di- 
rect tax equal in amount to two cents per acre, or. all public lands 
included within the limits of forest reserves, national parks, and 
national monuments in the state of ^rizona. 

Similar to the provisions of the bill last noted is another, 
authorizing the payment cf fifty per centum of the proceeds arising 
from the sale of timber in the national forest reserves in the state 
of Arkansas,, to the promotion of agriculture, domestic economy, animal 
husbandry, and dairying, within the state of Arkansas. 

Along a somewhat different line is a bill which grants to the 
several states all the public lands therein for common school purposes, 
when the same shall bscon-e less than 50, COO acrse in such state; in 
connection with which it is interesting to note that the "bill would 
be operative in seven of our public land states, and result in passing 
title to approximately 140.000 acres of what is now public land. 

National aid on behalf of our public school system and road 
building in the states, has always been a popular measure for favor- 
able consideration at the hands of Congress, and much has been here- 
tofore done in that connection, but we have in the present Congress 
a bill granting to twelve of our public land states, for the con- 
struction, repair, and maintenance of public roads, each 500,000 
acres of non-mineral, surveyed public lands, the proceeds of the 
sales of which are to be used solely for the purpose of construct- 
ing, maintaining and repairing wagon roads. These lands, it is pro- 
vided, shall be sold by the proper authorities of the state, at public 
auction, in units not exceeding 640 acres, no one individual, associa- 
tion, or corporation to acquire mere then five per centum cf the total 

-2- 



area, granted to the state, 6,000,000 acres of public lands is cer- 
tainly a notable contribution to even so good a cause as road building. 

A still more liberal bill in this direction is one granting to the 
state of Colorado all of the unreserved, non-mineral public lands within 
said state to aid in the construction and maintenance of public roads, 
to promote the study of forestry, to promote the study and development 
of horticulture, and promote vocational education in the state, the bill 
making provision for the distribution of the proceeds of the public lands 
so granted between the several purposes which it is intended to aid. 

Still another line of proposed legislation, while not so. radical 
in consequences as those heretofore noticed, yet involving serious 
questions in our public land policy, is found in a bill proposing to 
regulate and improve grazing on the public lands, thus promoting, the 
production of livestock-, ,by establishing, from time to time, grazing 
commons upon any of, the: unreserved, unappropriated public lands of the 
United States, chiefly, valuable for grazing,, 'such lands' to be thereafter 
administered by the Secretary of Agriculture, all laws applicable to 
national forests, including the distribution of moneys received, the 
entry -and survey of agricultural homesteads, . and the right to prospect 
for and remove ''minerals on mineral lands, to- be extended and made ap- 
plicable to such grazing commons. •'When it is remembered that our avail- 
able public lands at the present, time are largely of the character de- 
scribed in this bill, it will be seen how far-reaching it would be in 

its consequences * •■ ■ 

... ■•(■•■ 

Aside from all of the foregoing, which are more or less unusual in 
snme of their features, there, is a large number of what might be styled 
"soldiers* settlement bills,"' providing in many different ways for the 
utilization of our available public lands in the establishment of homes 
for the returning soldiers. Most of these bills, it is true, unite with 
the public land features the use of cut-over, swamp and arid lands now 
held in private ownership., but contain special features affecting the 
disposition of our public lands. 

The possibilities of our public, land legislation at the present 
time, it will be seen, are pretty difficult to foretell, especially if 
some of these more radical measures should' find support in Congress, 
unless it should turn out that. the bill proposing to cede all the public 
lands remaining in Federal ownorship to. the several states should find 
favor at the hands of Congress, in which event ail of the other measures 
would cease from .troubling, r.nd be at rest. 



-3- 



SURVEY NOTES. 
, Info rmation in' Field' iJo;t , eg ^■■'V>.-' :,....".• - . i . ,. . 

;.,'; ;.,. .T^e, dry, uniform, official records of the " surveys" of the General 

' -.Land Office, known. as field ; notesi ; often; contain,- in.additipn. to data 
relating., to thp technical" execution., of ■< tjhe., .surveys themselves, infor- 
mation,- of general;' interest' and 'value,' t.o.i other Government agencies and 

',; non-governmental scientific 1 societies '.and? individuals^ as', well as to the 

, ; hjOmeseelcer for Whom tber surveys' are' p r Warily. , mad e sT , c , The Bureau of Soils 
of. the Department of 'Agriculture ■he's: recently made sprite' 'informal investir 
gations of public land survey field • not e/s with a .view' to using the ■ soil 
'•description found at the end of each mile of survey recorded therein as 
a basis, for a .general '-land -classification map, of much of the public land 
states j. ' Such' information on-i-this subject as is, 'given in the 'field notes, 
while necessarily .limited^in- extentriand somewhat' general in' character, 
is. accurate as far as' it goes-, --and.'Since the- inauguration 'of the Di-rect 
. System ten years' ago, sufficiently, descriptive for, many practical 1 'pur- 
poses, .,, For instance, the- agricultural .value,, of lands" depends to- no 'Small 
extent -upon the relations existing between <s oils and subsoils .The 'usual 
excavations "made every half mile'' for the -establishment, of iron corner posts 

- aid in, this/determination- to some 1 extent and -the, facts thus" ascertained 
considered in' connection with those' arrived. at. by examination of 'such 
exposures' on cut- 'banks of -ravines! a'hd drains., as are encountered along 

..the line offer a very fair basis f or t accurate conclusions .Even from 
• surface .indications 't ; he' Various kinds, of .-.soils are readily distinguish- 
able to the .layman after a little.. observation -and experience. Generally 
speaking, soils are composed of humus or decomposed organic 'matter, clay 
and, ; .sand of various kinds, or of a friable mixture 6f ail' these called 
loam, in widely varying proportions 1 .' .With, ; the,. soil may be stones, gravel, 
or partly disintegrated' rocks' and shales in-different- combinations . Brief 

.descriptive terms are'- employed i'n ; the field; notes '.to fit these various 
classes of lands.. ' ' ; '!....'.. .■■",•■• "•'>■' ' ' ' 

• In certain surveys' made for' special i; purp,oses even mor'e detailed 
soil descriptions are gone into-'. Color, is often indicative Of con- 
stituents, and texture, depending on the, relativ,e amounts' , 'of grains' of 
various sizes, is of importance as affecting the' aeration of soils and 
• plant use of moisture. 'Such -significant terms :^s r -s.t4f£ , friable, strong, 
_ weak, rich, poor, dry, wet ,' cold, warm, sharp, fine and soft,' , are com- 
monly used'i'n the notes in' describing soils in all- parts of the country. 
A land classification map compiled. 'from Land-- Office, survey', data would 
-undoubtedly' serve, a useful purpose . •■• ,. . ; , .. • ." . .. 

The field notes of MeW- LFexicc surveys have revealed' a considerable 
amount of valuable archaeological data of which the American School of 
Research at Santa Fe has availed itself . Quite a number of heretofore 
unknown ancient ruins in remote sections of the country have been dis- 
covered by the General Land Office surveyors and tied in to the public 
land corners by course and distance and recorded in the official field 
notes of survey. Records of and ties to ruins in other parts of the 
Southwest are to be found in the field notes of other comparatively 



- 41-: 



recent surveys and may serve to point the way to archaeologists and the 
public in general to fields not yet fully known or explored. And in 
other similar ways the apparently monotonous, unemotional field notes 
of survey record the linking of the past to the present, or point the 
way to romances of the future. The bones of a great dinosaur found 
their way- to a- glass case in a museum through an entry in a record of 
survey, and the .discovery in the notes of a notation of the. crossing 
of a quartz ledge on a mountain slope afforded sufficient food for 
the diseoverorVs imagination to start a mild stampede for a new and 
unsuspected El Dorado. Field notes contain much more of interest and 
value than the mere technical record of survey. 

Isolated Surveys . 

An idea of the. degree of isolation of some of the Land Office 
surveys may be formed from the fact that a trading post on the Navajo 
Indian Reservation in Arizona, at which Loyd E. Sechrist, U. S. Transit- 
man, spent the night of February 23rd, had only received on that day 
its September, 1919, mail. Alaskan parties' please take notice. 

Small Holding Claims . 

The work of surveying small holding claims in New Mexico is about 
completed. These claims, numbering about 6,000, are wholly within the 
area acquired from Mexico by the treaty of Guadalupe Hidalgo and by the 
Gadsden Purchase. They represent a form of land unit used by the 
Spanish and Mexican Governments, and although in size and shape hardly 
in keeping with modern ideas of land and farm units, fulfil their mis- 
sion in satisfactory manner. Many of these small holding claims for 
which application for survey has been made turned out to be within the 
limits of private land grants and consequently beyond the surveying 
jurisdiction of the United States. 

Iron Corner Posts . 

The Rock Island Arsenal at Rock Island, Illinois, is about to 
begin the manufacture of 40,000 iron posts for use as corner monu- 
ments on General Land Office surveys. An engineer of this service 
will be present during the manufacturing of the posts and will report 
on their sufficiency. The posts will be ready for delivery in July. 

Outlook for the Season. 

The outlook for the coming field season is, on the whole, promis- 
ing as far as accomplishment is concerned. Qualified field assistants 
and young men qualified to become field assistants are raking applica- 
tion for positions in larger numbers this year than in recent years. 
Necessary material and surveying accessories and supplies, which were 
hardly to be had at all during the war and for a year thereafter are 
again appearing on the market, in limited quantities to be sure, but 
with prospect of soon being sufficient in amount to meet the needs of 
the civil agencies throughout the country engaged in engineering work. 
Range conditions which influence so largely the cost of operation of 

-5- 



public lend surveys in localities where animals are used, are in general 
favorable as far as can be judged at this time of the year, although' cer- 
tain parts of the country are suffering and will continue to suffer from 
the effects of the drouths of late years, and will be short of hay and 
grain. There is also an unusual quantity of snow in the Rocky Mountains, 
which fact will delay the commencement of field work in this region 
several weeks beyond the usual date. 

■. Special attention will be given to surveys on Indian Reservations 
scattered throughout the country during the remainder of the fiscal year, 
as well as to- surveys payable from deposits by individuals- By thus 
relieving the general appropriation which is somewhat below normal for 
this time of the year of some of its burden in the early spring months, 
important surveys under other appropriations will receive needed attention 
and the general appropriation restored to normality by June 1st.. 

ocmple Plat . 

In compliance, with instructions from the Commissioner, the Denver 
Land Office recently prepared and forwarded to the Secretary of the 
Interior of Canada, at Ottawa, a sample township plat such as is sold 
to settlers, showing forms of entries, names of entrymen, kinds of 
entries and topography. The Commissioner had been called upon by the 
Canadian Government, which is studying the American system of public 
land disposal, for a sample Land Office plat of this description. 

Mules . 

The official eulogy recently Issued by the Quartermaster General 
on the Government mule should prove a source of gratification to not 
•only the army, but to every man whose work is dependent in some measure 
■n the mule. The report says "There were times during the final stages 
of the world war when it was necessary to keep mules on the move forty- 
eight, sixty and sometimes seventy-two hours, with hardly more than a 
pause. Then it was possible only to feed a small amount of grain and 
a few handfuls of hay. Under this strain the mule went forward, giving 
his all uncomplainingly." 

Perhaps there are few memories of the old days so cherished by 
the field man as those associated with the faithful, ornery, lovable 
old survey mule; and indeed there are few incidents of surveying history 
before the days of the motor truck, in which he did not figure and play 
a heroic part. The luster of the deeds of Kit and Belle, Buck and Daisy 
and Punch and Judy has not been dimmed by the passing years. They and 
others of their kind generally rose to the occasion no natter what it 
was and won the admiration and gratitude of those dependent upon them. 
It is recorded that George Washington, who owned the first mule xo set 
foot in America, Royal Gift by name, a present from the King of Spain 
to the great American hero, while realizing the beast's inability to 
fully appreciate "republican enjoyment 1 ,' was very enthusiastic over him 
and looked forward "to producing a breed of mules suitable to draw the 
family carriage." History does not record whether the first President 
of the land was ever drawn thus, but those of us who have been whirled 
over a roadless country behind a pair of high stepping mules know that 

-6- 






if he was so drawn he probably always reached his cross country objective, 
and generally on time* 

Accepted Surveys for April . . . 

The records show that the area of accepted surveys and resurveys 
for April reached the total of 2,258,581 acres .' This involved the 
scrutiny of 195 plats exhibiting this acreage, besides the examination 
and acceptance of 56 supplemental plats not representing new surveys. 

The above indicates the result of the work of the additional force 
of examining surveyors oh detail to. this office during the winter months. 



FIELD SERVICE NOTES 



From Santa Fe 



. In the case United States vs. C. C„ Montoya and Anastacio Sereseres, 
on a charge of conspiracy to intimidate a homesteader, the defendants sued 
out a .writ of error to the Circuit Court of Appeals from the judgment of 
conviction rendered against them in the United States District Court for 
the District of New Mexico » A- recent report from the United States Attorney 
at Albuquerque states that the case was argued on February .20, 1920; that 
a mandate was .received, affirming the judgment of the District Court ; that 
the defendant, Anastacio Sereseres, appeared in court and a commitment was 
issued for his imprisonment at Leavenworth ► He has now been placed in the 
penitentiary . 

A number of indictments were returned by the April Grand Jury for 
this district upon cases investigated by this division. 

Ralph T. Stofer was convi6tdd and sentenced to the penitentiary for 
four months upon the charge that he impersonated a government official. 
The case was investigated by Special Agent Ramsey. 

In a recent sale of oil leases, by the State of New Mexico, involv- 
ing 48,000 acres of land in the Fort Sumner land' district , the price of- 
fered and paid v/as only five cents an acre, the minimum price. That 
would indicate that the oil excitement in this state is perhaps on the 
wane. Not long' ago oil leases could have readily been disposed of at 
from 50 cents to Ol -00 an acre , 

On April 16, 1920, Leonard A, Wilson filed suit in the District 
Court for this district against G. L. Willhoit, and others, to recover 
04800 paid by him in the purchase of the W l/2 and SW l/4 Sec. 10, T. 
19 N., R. 11 W. It is alleged by Wilson that he was sold placer mining 
claims in-the Seven Lakes District, title to which was held by the 
Federal Government ; that he was lead to believe that the defendants were 
owner- in fee of the land. 

It is interesting to note that farm crops in New Mexico for the 
•year 1919- were, valued at approximately fifty-seven million dollars, which 

-7- 



is reported to be an Increase of twenty million dollars over the best 
/previous year. ' Not only the number of farms in New Mexico is increasing 
rapidly, but' the character of the farming is improving, and in the great 
unirrigated districts lands frel'd'Vto .bq. worthless a few years ego pro- 
duced crops worth mai-vy millions of dollars,; 'One county in Arizona pro- 
duced thirty-seven million dollars in agricultural ■ crops .Lands in the 
- irrigated districts of Arizona actually ; rent for [)QQ an acre' per year. 



Tt. 



;?.-. 



■ \ .^ t Special' Agent- T a B.. Garvey,. -who was assigned'to" t'hi&--Mii.v'i/sion 
■' ■■; ■'■•>. for .the winter months,' has-been/transferred to the Helena Field Division. 
f . In his work in this division 'Mr*, ;Garvey used a government curt^mnbile very 
<' .Siuccessfully » He much preferV,-- 'he says;' using-' a .government' automobile 

' "• than , to , be compelled %q .hire, machines in connection with hi.s work , 

Special Agent 17* M*. Gilcrest has "returned to the Denver Field 
Division, Mr. Gilcrest was assigned to snutherr[.'Arizo,na , during the 
winter months. • ■ '...-, ,.. ... .,., "'' *• " 

Mineral Examiner August H. Chatin,' wh^> was recently appointed, 
'claims to have discovered a mountain range in Arizona heretofore un- 
known. He is of the, opinion that these mountains- contain unlimited 
•' ..quantities of copper ore-*, ''He resigned in., order to locate' mining claims, 

, < '. Mr .' Royal.. R„ Duncan,' A ; ssisto,nt Chief 'and Special Agent in Charge 
;' * of. Hearings in ; the division resigned April tenth. Mr :e Duncan has ac- 

•' cepted apposition 'with Mr Fen S> Hildreth, /attorney, Phoenix, Arizona. 
. ' --Mr* 'Dune an_ has' be'Sh-wjlth;.; this division a .long time -.and. we "all regret 
': losing -him'. 'He was. an ef f.icient'-o'f f icer,, and .pleasant associate* He has 
our best wishes for success' xf\ Hi's new undertaking. ;-?■ ..-,. . ' 

. ;•-. ,, Mineral Examiner William Atkins has 'been assigned .to the Helena 
Field Division.'-'- v •.. •. ... "''■'■: .-.-> 

: .-.Spepial Agent W. B» BujM; has been assigned to the Cheyenne Field 
" Division.- '';',' '• v.- .•-.-.;•,, ..;-'., 

Special Agent, Hugh .A,*. Voris-j up-on completion of his present assign* 
•ment, 'will .be transferred to the 'Helena. •Division'-." ...♦.-/■ 

■■•-•. •. Special Agsnt'. 1 Charles 'F 'FolIe.n has. been assigned tc the Wash- 
' ington Division/' with headquarters at Washington, ■ D c C. Mr, Follen is 
one of- the original "snow.-bir,ds : l* f ..•Hereafter 'his -work .will be in the 
states of Wisconsin, Michigan "'and Minnesota, ■ 

From Denver . -i '.' '..;[' • • .■ 

" •„ Mr, McSnlry'j IChief of the Denver .Division, has been in California 
about two .weeks gathering evidence in some Colorado oil shale fraud cases. 

•':- ■ .Gi^rey. Act Inspector 'Wells has' bee.n temporarily assigned to the 
Portland and"" Salt ■Lake City Divisions v. •..-•. . '„'."" •■»* #":: 

.. ; The Denver Division is glad t h welcome ' back Special Agent Gilcrest, 
who spent the winter- in the Santa Fe Division. Timber Cruiser Chatterton 

Jg- ■.' ,r :r .... .,.......' 



Two 'indictments roprrti I c . 

ace tints one for inipcrsi . . ' ; ig , icial. 

Conviction in Mow Mexico for :' ■ , . icnt officii 

sentence of four months in poniten 



DEDICATION 01 T] \ NATIONAL PA] . 

Secretary Payne of the Interior Department has announced that the 
dedicati'i n r-f the Grand Canyon National Park will take place April 
Grand Canyon National Park was created by act of Congress February 26, 
1919, and the dedication cxeroisee mark the end of the work for its 
creation which was begun thirty-throe years ago by President Harrison, 
then senator from Indiana. 



Part of the exercises will be held at the Powell Memorial, erected 
by the. Department of the Interior on the canyon's rim in honor of Major 
John Wesley Powell, vivo commanded the first expedition that penetrai 
the canyon and explored its depths. The f j ag carried on this expedition 
has been preserved and will be unfurled during the ceremonies by F. S. 
Dellenbaugh , of New York, one of the members of the exploring party. 
Governor Thomas Eo Campbell, of Arizona, v/il'j make an address in the 
evening at the EI To war Hotel , Stephen T» Mather, Director of the 
National Park Service, will pre 



• s 



A special train, carrying a party of 130 prominent Easterners, 
organized by the Brooklyn Daily Eagle, on the Invitation of former 
Secretary of the Interior, Franklin IC, Lane, to assist at the dedica- 
tion ceremonies, will leave New York April S The Brooklyn Daily Eagle 
party will tour the Southwest and California, visiting ether national 
parks and national monumenos in that region. 



ALASKA COAL DEVELOPMENT IN TEE NENANA FIELD, 

Two mines are producing coal In the Nenana field. Both are situated 
in the lignite fields about fifty miles south of Nsnana , The total out- 
put is .in the neighbor; - 5. ■■' x ' 15 to ■ day-.. One a. .re is id; ent to 
the railroad line, ahile the other is about one and onr^-half riMJc e dis- 
tant up Lignite Creek. The Lignite Creek mine is operating Ln i vein 
30 feet thick, Tne coal is hauled to the railroad in two-~-horr..e s.1 eds 
which carry three tons to the load and make from six to nine -rips per 
day„ At one point the vein is on a level with the creek and the sleds 
are driven into the airs avid loed : .- There are a number of other 
■large -veins on Lignite Creek, and many others at Mealy Creek :.■ else- 
where in the field. The quality of coal supplied has greatly improved 
since the first operations In Thai field. A large vein of coal was 
recently discovered s/itnin a few hundred feet of the present end of 
steel and an application for lea.se of the tract containing this vein 
is pending. 

Although the Alaskan Engineering Comr.il ssi'"n has been using nearly 
the entire output of the two mines. 3 the use of coal by private consumers 

-10- 



is expected in return fmm the Southern Division by the first of Liay 
Fr^ra San Francisco. 



... 



J„ A, McDonald was married in Los Angeles, California, on February 
28th, 1920, to Miss Gertrude Hawley of Los Angeles.- His marriage was a 
complete surprise to all of his friends in the Field Service. 

Special Agent J. McG . Williamson has been transferred to the Salt 
Lake Field Division. 

Miss Iva F. Smith of New Orleans, Louisiana, was recently appoints 
to the position of Stenographer and Typist in this office. 

Miss C. P. Koestor returned to duty on April 1, 1920, -after a six 
months furlough due to ill health. After working only a few days she 
was compelled to tender her resignation in order to give all of her 
attention to settling the estate to v/hich she fell heir about a year 
ago, and in which the Supreme Court of California recently rendered a 
decision in her favor. 

During the month of March, Special Agent wilhelm drove Ford Car 
No* 9, the distance of 1,776 miles at an expense of an even 2 cents per m. 

Mineral Examiner McDonald claims to have gotten an average of 25 
miles to the gallon of gasoline with Ford Car ho. 13 on a 300 mile trip 
on the desert from Los Angeles to Goff s, California. 

Ke says the muffler cut-out that he had installed on this car hc.s 
g r e at ly i n c r c :i sod its p o we r . 

Experience here ho.s shewn that the hiring of drivers for the Field 
Service Fords is a very expensive arrangement and 'me to be discouraged, 
except where necessary to help an agent learn tc drive a car. During 
March and April one of the cars was operated with a driver for thirty 
■, the expense of operating the car being 056.69 and the expense of 
a driver being 0204.40. 



NOTES FROM THE FIELD SERVICE COURT DOCKET. 

One suit won in Alabama for timber trespass on the public domain 
and judgment entered for 09 0.46. Payment of 0500 reported in Alabama 
on trespass case heretofore won. 

Two suits to vacate patents won in Montana recovering 320 acres 
and one suit won in Idaho recovering 200 acres. , v 

One suit reported filed in Montana to cause removal of unlawful 
inclosure . 

Two indictments reported for perjury in Montana and one for forger) 
in Montana. 



is growing, and coal is now the principal fuel used ija'Neiiana. On tho 
other side nf the river, however, tho lncnmotivos arc? still burning wood, 
and there has been practically no sale of coal in Fairbanks or that 
neighborhood. Some sample lots, however, have been distributed in Fair- 
banks by the coal companies and it is doubtless only a question of tine 
until coal is used almost exclusively. A ton r f lignito coal is about 
equal to a cord of wood in fuel value, and at present costs about the 
same at Fairbanks, but it is more economical to handle. One reason for 
continuing the use of wood is that the supplies of word are contracted 
a considerable time ahead, and- the quality of coal furnished at first 
was not up to' the present standard. However, the cost of wood is 
constantly rising, while a material reduction in the price of coal is 
to be expected in the near future when the business is further developed. 
It is apparent from the great quantity of coal which is in sight and tho 
ease with which it can bo mined that tho price of coal will eventually 
bo low. The two concerns now mining coal are very capable and there is 
no question that their operations will be carried on energetically and 
effectually, both in mining the coal and developing tho market . 

Alaska Railroad Record. 



ROYALTIES AND RENTALS UPON OIL. AND GAS LEASES IN ALASKA. 

Secretary Payne has issued regulations prescribing the royalties 
and rentals under oil and gas leases in tho Territory of Alaska, act of 
February 25, 1920. The act recognized that conditions in Alaska war- 
rant more liberal terms than in the United States proper, prospectors 
being given double the time for exploratory operations to that granted 
in the States, and tho Secretary being expressly authorized to waive 
the payment of any rental or royalty for the first five years of any 
lease. Under this authority, and having in view the harsher, -.conditions 
attendant upon prospecting and development in the remote districts where 
oil indications are found in the Territory, some of them being more than 
200 miles north of the Arctic Circle, and also in view of the rational 
necessity for new oil discoveries, the Secretary has adopted a more libor- 
"al scale of royalties and rentals than those fixed for the States. The 
rules and regulations issued provide that as to leases granted under the 
relief section, twenty-two, no royalty shall be paid for the first five 
years, except in case where the producing wells yield an average of 100 
barrels or more per well per day, in which case the royalty is fixed at 
5 per cent ; for the second five years after date of lease the royalty is 
fixed at 5 per cent, and for the succeeding ten years at 10 por cent. 

Upon leases granted in Alaska under prospecting permits, section 
14 of the act, the permittee is given a lease for ono-fourth --f the area 
of the permit without royalty for the first five years and will be re- 
quired thereafter to* pay 5 per cent upon all oil produced. On the re- 
maining lands to which the lav/ gives him a • prof crane e right, ho is not 
required to pay royalty for the first five years, except In those cases 
where the wells yield an average of 100 barrels or more per well per day, 
paying in that case 5 per cent royalty; for tho second five years a royalty 
nf 5 per cent is prescribed, and for the succeeding ton years a royalty of' 
10 per cent. Where the wells upon a claim average- loss than 10 barrels 
per well per day, no royalty is prescribed. 

-11- 



Lessees under both ihe relief and prospecting sections are., re- 
lieved from the payment of any rental 'during the first five yearn suc- 
ceeding date' of lease. Thereafter, they will be required to pay a 
rental of ten cents per acre per year', in advance^ rentals, however, 
to be credited upon royalties accruing for 1 the year. 

Rentals on gas, if any be produced, are not fixed, but will be 
prescribed in each lease issued. 

It is hoped that the encouragement to exploration thus afforded 
will lead to active and earnest effort on the part of oil prospectors 
and to the discovery of important oil resources, in Alaska,. 

A copy of the regulations is given herewith: 



DEP.JITMENT OF THE INTERIOR . ■ 

WASHINGTON April. 12, 1920. 

Royalties and Rental s o n Oil and Gas Leases in Alaska ♦ 

The royalties and rentals payable under oil and gas leases granted 
in Alaska pursuant to sections 14 and 22 of the act of February 25,1920 
(Public No. 146), are hereby determined and prescribed as follows: 

(l) For leases granted under section 22 of the act, the royalty 
shall be: (a) for the first five years from- and after the date of the 
lease, no royalty, except in the case of leases whereon the producing 
wells yield. an average of 100- barrels or more per well per day for the 
calendar month, in which event the royalty shall be 5 per cent of all 
oil produced; (b) for the second period of five years from and after 
the date of each lease under section 22 of the act, the royalty upon 
all leases shall be 5 per cent; (c) for the succeeding ten years' the 
royalty upon all leases under section 22 of the act shall be 10 per 
cent of all oil produced. 

' (2) Upon leases granted in Alaska under section 14 of the act, 
the permittee who discovers oil will be entitled to. a lease for' one- 
fourth of the area of the permit without payment of royalty for the 
first five years succeeding the date of thelease and thereafter shall 
pay a royalty of 5 per cent upon all oil produced. On the remaining 
lands included within the area of the permit, the permittee will be 
given a preference right to a lease without payment of royalty for the 
first five years succeeding the date of the lease, Sxcept in the case of 
leases whereon the producing wells yield an -average of 100 barrel's or.. 
more per well per day for the calendar month, in which event the royalt3' - 
shall be 5 per cent; for the second five years, the lessee will be re- 
quired to pay a royalty of 5 per cent upon all oil produced, and for the 
succeeding ten years, a royalty of 10 per cent upon all oil produced. 

(3) No royalty, will be charged in any case upon leases wherein 
the wells upon the lands average less than 10 barrels per well per day 
for the calendar month. 

-12- 



(4) No rental upon any nil or gas lease in Alaska will be charged 
during the first five years succeeding the date of the lease. After 
the expiration of the first five years succeeding the date of the lease, 
a rental of ten cents per acre per annum will be charged on all leases, 
payable in advance; Provided, That the rentals so paid for any one year 
shall be credited upon the royalties accruing for that year. 

(5) The royalties on gas produced, if any, will be fixed and de- 
termined in each lease. 

JOHN BARTON PAYNE 

Secretary. 

CO^ LEASING REGULATIONS - ACT OF FEBRUARY 25, 19 20. 

Secretary Payne has approved rules and regulations for the pros- 
pecting for and leasing of coal deposits of the United States under 
the act of February 25, 1920. The act provides for the disposition 
of all coal deposits nvmed by the United States, except in national 
parks, military or naval reservations, and in the Appalachian Forest 
Reserve. Known coal deposits are to be divided into leasing units of 
not exceeding 2,560 acres each, and one person or corporation may hold 
but one lease in a State. Leases for the units are to be offered for 
competitive bidding at a royalty fixed in advance, not less than 5 cents 
per ton, and awarded to the qualified person bidding the highest bonus. 
The Secretary of the Interior is authorized to grant prospecting permits 
to qualified citizens to search for unknown coal deposits or to explore 
undeveloped lands where preliminary work is necessary to determine the 
existence or workability of the deposits. In such cases the permittee 
who finds or demonstrates workable coal deposits may have a lease on 
such royalty as may be fixed by the Secretary of the Interior. 

The Geological Survey has classified 30,000,000 acres of public lands 
as containing deposits of coal and an area of 40,000,000 acres, part of 
which undoubtedly contains such deposits, is awaiting classif i cation . The 
coal which may be obtained under the act varies from low-grade lignite to 
very high quality of bituminous coal. These regulations do not apply to 
Alaska where coal deposits are leased under act of October 20, 1914. 



REGULATIONS FOR THE SALE OF LANDS IN F0RI.ER CHEYENNE 
RIVER AND STANDING ROCK INDIAN RESERVATIONS . 

Circular No . 670 . 

This circular, published in the April Bulletin, announcing the sale 
of these poinds, beginning Hay 27, 1920, at Lemmon, South Dakota, and 
June 1, 1920, at Timber Lake, South Dakota, is now in print, accompanied 
by a schedule of the lands to be sold, with data as to their classifica- 
tion. Copies of the regulations and schedule may be secured on applica- 
tion to the Commissioner of the General Land Office or the district land 
officers at Lemmon or Timber lake. 



-13- 



CIRCULAR NO. 580. 

DEPARTMENT OF THE INTERIOR. 
GENERAL LAND OFFICE 

WASHINGTON . March 22, 1920. 

Directions to require payments due 
and unpaid under homestead entries 
in the portion of the Standing Rook 
Indian Reservation, opened under the 
Act of February 14, 1913 (37 Stat., 
675). 

Registers and Receivers, 

Bismarck, North Dakota, and Lemmon, South Dakota. 
Sirs: 

On Kay 13, 1918, the Department directed this office to. with- 
hold adverse action on homestead entries within the portion of the 
Standing Rock Indian Reservation, North and South Dakota, opened under 
the Act of February 14, 1313 (37 Stat., 575), because of the failure 
of the entrymen to make the required payments, pending consideration 
by Congress of proposed- legislation, 'to extend the- time for • p&vnfcrfls . 
3'UCh.p.r.Qppsid\:legislation,3.J.Res.l3i,65th Congress , was then" pending. 

Since the issuance of the said Departmental instructions, no 
adverse acts on has 'orien taken on such entries because of default in 
the matter stated, but no legislation hois been enacted to extend the 
time for payments. No such legislation is now pending, so far as this 
office is advised. 

Failure of the entrymen to make the payments, when due, results 
in loss to- the Indians of interest provided for in Section 6 of the said 
Act of February 14, 1913, when the moneys are deposited in the Treasury 
of the United States. 

There is no authority for the collection of interest, from an 
entryman, on amounts which he fails to pay when due, as the said Act 
of February 14, 1913, makes no provisions for such contingency, but 
expressly provides that in the event of such failure, 

''i^^r^H'.-yhHBH^Hvaii rights in and to the land 
covered by his entry shall cease, and any 
payments theretofore made shall be forfeited 
and the entry canceled." 

You are directed, therefore, in all cases where payments are no?; 
due and unpaid, end where payments hereafter become due and are not paid, 
to serve notice on the entrymen, of the defaults, and that in the event 
of their failure to make the payments in the time allowed by you for 



•14- 



that purpose, you will report their entries to this office, for 
cancellation* 

You will allow a period of 60 days from receipt of notice 
for the payment of sums now due and unpaid; but in all cares where 
payments' hereafter bee one due and are not paid, you will require 
the payments to be made within a period of 30 days from receipt of 
notice. 

Very respectfully, 

CLAY TALLMAN, 

Commissioner. 

Approved : 

. ALEXANDER T. VOGELSANG, 

First Assistant Secretary. 



SALE OF CHOCTA'J AND CHICKASAW 
COAL AND ASPHALT. 

The third 3ale nf Choctaw and Chickasaw coal and asphalt 
deposits has been authorized and rules and regulations approved 
by the Secretary of the Interior, sale v~ take place on June 16 
and 17, 1920, at ?.IcAlcster, Oklahoma. 

Four hundred and fifty-six tracts containing 960 acres each 
will be offered to the highest bidder, twenty per cent payment in 
cash required, remainder in four equal annual payments . 

Printed data for public information con be had upon applica- 
tion to Gabe E, Parker, Superintendent, Muskogee, Oklahoma. 



-1! 



INSTRUCTIONS IN RE FURNISHING CHIEFS OF 
FIELD DIVISIONS NOTICE OF INTENTION TO 
SUBMIT FINAL PROOF ON STOCK-RAISING 

: HOMESTEADS . 

Circular No . 682 

DEPARTMENT OF THE INTERIOR 
GENERAL LAND OFFICE 

WASHINGTON April 13, 1920 



yj 



Registers and Receivers, 

United States Land Offices. 
Sirs: 

In view of the fact that the requirements necessary to perfect title 
in stockraising homestead entries made under the Act of December 29, 1916 
(39 Stat., 862), are different from those required in the case of home- 
stead entries made under other acts, it is important that the carbon 
copies of notices of application to make final proof which you transmit 
to the Chief of Field Division shall indicate by endorsement, if ndt in 
the notice itself, whether or not the application is a stock-raising home- 
stead entry. 

It is accordingly directed that if the entry on which proof is to be 
submitted is a stock-raising homestead entry the carbon cpy of the notice 
which you send to the Chief of Field Division shall in every case bear the 
following endorsement: 

"Stock- raising homestead entry, Act December 29, 
1-916 (39 Stat., 862) ." 

Rubber stamps for this purpose will be transmitted to you. 

Very respectfully, 

CLAY TALLMAN, 

Commissioner. 

SALE OF ISOLATED TRACTS -- AMENDED REGULATIONS-. 

Circular No. 684. 

On April 16, 1920, the Secretary of the Interior approved a re- 
vision of isolated tract circular 371, the number of the revised circu- 
lar being 684. It will probably be some little time before printed 
copies reach the local offices. The paragraphs changed are those 
numbered 2, 5, 6, 7, 9, 11, 15 and 17; paragraph 18 is added. 



-15- 



The changes are as follows: 



At the end of paragraph 2 add, "These provisions are modified, how- 
over, in the class of cases referred to in paragraph 5(b)." 



5 69 



Add the following paragraph 5(b) which takes the placo of circular 

"5(b) 'Where one or more tracts, each not exceeding 120 actus 
in area, are entirely surrounded by land owned by the applicant 
and have been isolated for five or more years, an offering may 
be allowed without regard to the limitations as to extent of pur- 
chases by the applicant, set forth in paragraphs 2 and 5(a), pro- 
vided the lands sought are not valuable for farming but are chiefly 
valuable for grazing or for special use in connection with the ad- 
joining lands „ Applicants under this sub -paragraph must furnish 
proof of ownership, of the land surrounding that applied for; also 
detailed evidence as to the character of the land applied for, 
particularly with respect to its comparative values for farming, 
grazing and special use in connection with the adjoining lands, 
which evidence must consist of an affidavit by the applicant cor- 
roborated by the affidavits of not loss than two disinterested 
persons having actual knowledge of the facts. In other respects 
these cases are governed by the general regulations. 



6 No tract exceeding approximately 150 acres in area will be 
ordered into the market. An application may include several in- 
contiguous tracts provided their aggregate area does not exceed 
160 acres. Each tract will be offered separately and certificates 
will be issued under different numbers unless they are bought by 
the same person." 

In line 4 of paragraph 7 eliminate the words "filed upon or sold 
by the government." 

For paragraph 9 substitute the following, which makes quite a- change 
in the practice: 

"An application for sale will not segregate the land from entry 
or other disposal, for such lands may be entered ax any time be- 
fore the receipt in the local land office of the letter authorizing 
the sale and its notation of record. If any or all of the land 
applied for be entered rr filed upon while the application for 
sale is in the hands of the Chief of Field Division, the local 
officers will so advise him; if all the land be thus entered or 
filed upon they will request the return of the application for 
forwarding to the General Land. Office.. 

If all of the land applied for be entered or filed upon at any 
time prior to receipt of a letter from the General Land Office 
authorizing an offering, the local offices will at once close 
the case on their records, notify the applicant of their action, 
and promptly report the facts to gal d office where the matter 
will be closed on its records without letter; similarly a case 
will be closed in part and like notice and report will he .sent, 
if an entry or filing be made for part of the land involved*" 

-17- 



For the first two sentences in paragraph 11 substitute the follow- 
ing: 

"Notice must be published for 30 days preceding the date set 
fnr the sale, and a sufficient time should elapse between the 
date of last publication and the date of sale, to enable the 
affidavit of the publisher to be filed in the local land office. 
The notice must be published in the paper designated by the • 
register as nearest the 1/and described in the application. If 
this be a daily paper, the publication must be inserted in 30 
consecutive issues; if daily except Sunday, in 26; if weekly, 
in 5; and if semi -weekly, in 9 consecutive issues." 

In paragraph 15 omit the second sentence beginning "It is left' 
entirely to the discretion of the Commissioner;" omit also in line 19 
of said paragraph the words "Stating how he has complied therewith." 

In lieu of the second sub-paragraph of paragraph 15 substitute 
the following: 



II M 



'No person will be allowed more than one application under 
this proviso except that two or more applications may be allowed 
to the same person if all the lands sought adjoin the same body 
of land owned by the applicant or included in his pending entry. 
An application will be rejected in all cases where the applicant 
has purchased under Section ,2455, or the amendments thereto, an 
area which, when added to the area applied for, shall exceed 
approximately 160 acres. 

In acting on applications for offering under the proviso, 
regard will be had to the character of each subdivision applied 
for, as reported by the Chief of Field Division, and offering 
of an entire tract will not be had upon the ground that the- 
greater part is of the character contemplated thereby, if 
taken as a whole." 

In paragraph 17 omit the second sub-paragraph beginning with 
'In administering this act," After the next sub-paragraph' insert: 

"Where such an applicatidn does not bear this notation, you 
will afford applicant an opportunity to consent thereto and will 
reject the application if this requirement be not complied with." 

Add paragraph 18 . 

Tracts Containing Phosphate, etc . 

18. The Act of Congress approved July 17, 1914 (38 Stat., 509), 
>rovides: 

"That lands ... withdrawn or classified as 

. . . phosphate, nitrate, potash, oil, gas, or asphaltic 
minerals, or which are valuable for those deposits, shall 

-18- 



be subject to • . • . purchaso, if otherwise available, 
under the non-mineral land laws of the United States, wher.- 
ever such .... purchase shall be made with a view to ob- 
taining or passing title with a reservation to the United 
States of the deposits on ace unt of which the lands were 
withdrawn nr classified or reported as valuable, together 
with the right to prospect for, mine and remove the same." 

An application for offering of the lands referred to in said act, 
must bear o n its face the notation: 

"Application made in accordance with and subject to the 
provisions and. reservations of the act of July 17, 1914 
(38 Stat., 509)." 

If an application for such mineral land does not bear that notation, 
you will afford the applicant opportunity to consent thereto, and if he 
fails to do so, you will reject the application - . 

In the printed and posted notice of sale will appear the statement: 

This land will be sold in accordance with and subject to 
the provisions and reservations of the Act of July 17, 1914 
(38 Stat., 509) . 

The purchaser's consent to the reservation of the minerals in the 
land to the United States will not be required, but the cash certificate 
and patent will contain, respectively, the provisions specified in para- 
graph 6 of the Circular of March 20, 1915 (44 L. B., 32, 34) . 



THRIFT AND SOUND INVESTMENTS. 

Indication that the public has ceased to be spendthrift and is 
again inclining toward thrift and 3ound investment is seen in the heavy 
inquiries for small denomination Liberty Bonds at banks and brokers 
throughout the country. 

The demand has reached the Treasury Department, many dealers 
having exhausted their available supply of the "popular" sizes of these 
securities, it was announced today by the Savings Division of the Treasury 
Department . 

To supply the large "over the counter" demand for C50 and (100 
bonds at present favorable market prices, the Treasury Department has 
issued instructions to the Federal Reserve Banks which will expedite 
exchange of bonds of larger denominations for the small units. 

The instructions also provide ways and means by which banks and 
dealers may obtain the smaller denominations in the first instance if a 
their customers require them. 

-1Q- 



REGULATIONS FOR THE SALE OF 
ABANDONED CAMP THREE FORKS OT.7YHEE LJILIT.ARY RESERVATION 
' . OREGON AND IDAHO 

(Circular No. .681) . 



DEPARTMENT OF THE INTERIOR 
GENERAL LAND OFFICE 

Washington April 1, 1920. 



Register and Receiver, "■ ; 

Boise, Idaho, and Vale, Oregon, 
Sirs: 

The Abandoned- Camp Three. Forks Owyhee Military Reservation, con- 
sisting of the post and grazing reserve, water reserve and the wood reserve 
embracing. 640.78 acres in Oregon appraised at §2,397*32 in Ts- 32 and 33 S,, 
R* 46 E.'j W.M., and embracing 4,234.75 acres in Idaho appraised at 
0l"8',5'6lV38 in T 8 S„, Rs. 5 and 6 W., B.M., will be offered for sale with 
the exceptions' hereinafter noted under the provisions of the act of July 5, 
1884 (23 Stat., 10,3) , under the supervision of the Commissioner of the General 
Land Office for cash at not less than the appraised value. .to the highest bid- 
der,, The lands in Idaho will be offered at the United States local land of- 
fice Boise, Idaho, commencing at 10 a.nu-y June 21, 1920. The lands in 
Oregon will be offered at the United States local land office Vale, Oregon, 
commencing at 10 a.m., June 25, 1920. 

The reservation was established by Executive Order of April 6, 
1869, ^and was turned over to this Department July 22, 1884* The legal sutm 
divisions included in said reservation were appraised by a board of three 
appraisers June 17, 1918, at prices ranging from (}2 to $15 per acre. Such 
appraisement is hereby approved, 

165 ?a n ^2 t3 -ii. 2 »j.? and 4 § ec - 36 << T * 32«S.-, R. 46 E„, Oregon, containing 
"the school^ J n thS Pr^f^?^ 1 ^ reSer " 3 ^ ear loh ^ e Deen includld 
rSbSy 5vig? d (E^ai- S^'-v °L° r f S3n ?Y section 4 of the act of 
lots anH el Ul btat^JS.-,), -he State selected no indemnity for these 

Bisse?t! PPe ' r ° haVG b ° en BUld by the Stat * Ma ™ h 25, 1912, to Lalia 

2-5 4S xrJl 0±S -h- 2 \l and 4 SeCp 16 > T - 8 S *> R » 5 W -» Idaho > containing 
schotl S J^ J? W £ d re " erve a ^ ear t0 have b ^ n included in the 

^ n g .? + \ oo? e State ° f Jdah ° b ? secti ™ 4 oi ^ *>* of February 
lieu' 5 said lo?s; ,383) * N ° indetoit '/ ha£ *e« selected by the State in * 

the State S W^fSTTS*^^ " f 'T^ 19 > 19 °°> in the C ^ e of 
States of Oe a lit' ^ ^e above described tracts granted to the 
lands. g d h ° f ° r SCh ° 01 Ptoses will be respected as State 

Lots 1 and 2 Sec. 1 and Lot 1 Sec. 2 T 31 S n aa t? n 
were patented November 5 isaq + « ™ „ 1, I ' *> Rf * 46 E » » Ore gon, 

land entrv ?c «? f 1 - A S - Martha E * 3ach eler under her desert- 

enory F.C. 8., Lakeview, Oregon, series. A supplemental plait approved 

-20- 



October 22, 1910, shows the land embraced, in said patented entry as Lots 
1 and ,2 Gee. 1, and Lots 5 and 6 Sec. 2, T. 33 S,, R. 46 E. Lots 1 and 2 
Sec. 1, and Lot 6 Sec. 2, are within the limits of said abandoned military 
reservation. In view of the fact that the lands were patented, same were 
not appraised and are not subject to sale* f 

The report of the appraisers* indicates that the SW^- SE^- Sec. 23, 
T» 8 S.,R, 6'ff,, Idaho, containing 40 acres, within the post and grazing 
reserve contain some of the old improvements of the post, which improvements 
were purchased by Jacob Deary, since deceased, who settled at the old post 
about 1880. The records of this office show that the public buildings on 
the reservation were sold and immediately transferred to the purchaser 
October 23, 1871. I am unable to find in the records here, however, the 
name of the purchaser of such improvements. 

Under section 3 of said act of July 5, 1884, it is provided that 
where buildings or improvements have theretofore been sold by the United 
States authorities the land upon which such buildings or improvements are 
situated snail be offered for sale to the purchaser of such improvements 
and buildings, and if such purchaser shall fail for sixty days after notice 
to complete such purchase of the land, the same shall be sold under the pro- 
visionsof said act. 

It would appear, therefore, that the heirs of Jacob Deary, de- 
ceased, are entitled to a sixty-day preference right to purchase the tract 
in question at the appraised price, 06 per acre, provided they produce satis- 
factory evidence that Jacob Deary purchased the improvements thereon from 
the Government. The local officers at Boise, Idaho, will immediately server 
notice hereof upon the "heirs of Jacob Deary" addressed to the postoffice 
nearest the land, and if the required evidence is not furnished and the land 
is not purchased by the said heirs within sixty days from notice, the tract 
will be included in the public sale herein provided for. 

There appear- to be a number of settlers on the reservation who 
have erected improvements thereon. However, it appears that none of these 
settlers comes within the class entitled to a preference right to make a 
homestead entry granted by section 2 of the said act of July 5, 1884. to 
those who settled upon the land prior to the location of such reservation or 
prior to January 1, 1884, "in good faith for the purpose of securing a home 
and of entering the same under the general land laws*" 

Lot 7 Sec. 19, Lot 8 Sec. 9, Lots 5, 6, 7, 8, 10 and 11, NWi SE^, 
NE-£ SXli Sec. 10, Lot 2 Sec. 15, T. 8 S«, R, 5 W», and Lot 12 Sec, 24, T. 8 
%*,*+&« 6 C W„„ Idaho, were classified by the appraisers as mineral. Under 
section 5 of IKe said act of July 5, 1884, these tracts will be disposed of 
exclusively under the mineral land laws, 

(Schedule of the lands which may be sold is omitted herefrom.) 

ceivprf +v,r.??-^ +£ y be made either in person or by agent, but will not be re- 
ceived through the mail. Purchasers will not be required to show nutlifica- 

r"L?!r f^f citizenship or to make any showing as to the amount or 
character of public lands heretofore acquired by them under any law. Pur- 
chasers will be required to make full payment for the land at the time of 

S3.X6 m 

-21- 



The Commissioner of the General Land Office is hereby authorized 
to.' prescribe such rules therefor, not in conflict herewith, as the exigen- 
cies may require, and he' may at any ^ time suspend or indefinitely postpone 
the sale or adjourn it to such time or place as he may deem advisable, and 
he may reject any or all bids' which, in his opinion, are less than the ac- 
tual cash value at v/hich any of the lands Offered should be sold. 

All persons are warned against entering into any agreement, com- 
bination br conspiracy which will prevent any of said lands from- selling 
advantageously, ' and all persons so offending will be prosecuted criminally 
under section 59 of the Criminal Code, which reads: 

"ll/hoever, before or at the time of the public sale 
of any of the lands of the United States shall bargain, 
contract, or agree, or attempt to bargain, contract, or 
agree with any other person, that the last named person 

• shall not bid upon or purchase the land so offered for 
sale, or any parcel thereof; or whoever' by intimidation, 
combination, or unfair management shall hihder or prevent, 
or attempt to hinder or prevent, any person from bidding 

: upon or purchasing any tract' of' land so offered for, sale- 
shall be fined not more than one thousand dollars, or im- 
prisoned not more., than two years, or both." , ■ .- 

'.-'.', Very respectfully, 



Approved: April 1, 1920. 

'•' ALEXANDER T, VOGELSANG., .'. 

First Assistant Secretary* 



CLAY TALLMAN, 

Commissioner* 



-22- 



In reply please refer to Circular Mo. 635. 



DEPARTMENT OF THE INTERIOR 
GENERAL LAND OFFICE 

Y/ASRTNGTON April 19, 1920 



REGULATIONS FOR THE -ALE OF 
ABANDONED FORT GRANT MILITARY RESERVATION. 



Register and Receiver, 

Phoenix, Arizona. 
Sire: 

By Executive Order of August 10, 1911, the 'military 'reservation 
cf Fort Grant', Arizona, as declared by Executive Order of April 17, 1876, 
except the portions thereof included in the Mount Grahar. Forest Reserve 
(now the Crook National Forest Reserve), by Executive Order of October 6, 
1906, having become .useless for military purposes was placed under the 
control of this Department for disposition under the Act of July 5, 1334 
(23 Stat., 103), or as may be otherwise provided by-law. 

The portion of the reservation outside the forest reserve and 
excluding school lands and lands selected by the State- under the Act of 
June 20, 1910 {36 Stat., 557), embraces 3003 .13 acres in To. 9 and 10 S., 
Rs. 23 and 24 E>, G . and S. R. LI., appraised at 0l6.,568,42, the prices 
ranging from Ol >25 to 03,00 per acre. Such appraisement made October 28, 
1915, is hereby approved and the lands in question, a schedule of v/hich 
is hereto attached, will be offered for sale under the provisions of the 
said act of July 5, 1884, under the supervision of the Commissioner of 
the General Land Office, for cash at not less than the appraised: values 
to the highest bidders at • willccx, Arizona, ' commencing at 10:00 A.M., 
July 6, 1920. 



A 



> 



Of the lands appraised Sec. 30, T. 9 S., R, 24 E,, and Sec. 
10 S., R. 24 E.j are within the Crock National Forest and the 
SE^SEiSec. 24, and NEt Mi Sec. 25, T,. 9 S«, R. 23 E«. were selected 
by the State August 29. 1916, under the act of June 20, 1910 (36 Stat., 
557). These lands are not subject to sale and for that reason are 
omitted from the attached schedule. (Schedule mitted.) 

There are no settlers upon any of the lands to -be sold and 
there are no improvements thereon except on Lot 5, Sec,- 22, T. 9 S., 
R. 23 E., is located a windmill, well, tank and wire corral,, for stock 
watering purposes, valued at about 3100-00, belonging to the firm of 
v/ebb and Boyle of Willccx, Arizona, v/hich improvements ".vers purchased 
from the owner of adjacent lands with full knowledge that they were 
upon government land. These improvements confer no right to the land 
upon the owners cf such improvements and will net interfere with the 
sale of the land in question. 

The lands may be offered for sale as separate legal • 

-23- 



I 
subdivisions or they may be disposed of in one or more units. 

Bids may be made in person or by agent, but will not be received 
through the mail . Purchasers will not be required to show qualifications 
as to age or citizenship or to make any showing as to the amount or char- 
acter of public lands heretofore acquired by them under any lav/. Payment 
for the lands must be made by certified check made payable to the "Re- 
ceiver, U. S. Land Of fice, Phoenix, Arizona," The check must be delivered 
to the official" conducting the sale, who will issue a receipt therefor. 
A further receipt will later be issued by the Receiver. 

The Commissioner is hereby authorized to prescribe such rules 
therefor, not in conflict herewith, as the exigencies may require, and . 
he may at any time suspend or indefinitely postpone the sale or adjourn 
it to such time or place as he may deem advisable, and he may reject any 
or all bids which, in his opinion, are less than the actual cash value at 
which any of the lands offered should be soldo 

All persons are warned against entering into any agreement, 
combination or conspiracy which will prevent any of said lands from 
selling advantageously, and all persons so offending will be prosecuted 
criminally under section 59 of the Criminal Code, which reads: 

""Whoever, before or at the time of the public sale of 
any of the lands of the United States shall bargain, con- 
tract or agree, or attempt to bargain, contract, or agree 
with any other person, that the last named person shall 
not bid upon or purchase the land so offered for sale, or 
any parcel thereof ; or whoever by intimidation, combination, 
or unfair management shall hinder or prevent, any person 
from bidding upon or purchasing any tract of land so of- 
fered for sale shall be fined not more than one thousand 
dollars, or imprisoned not more than two years, or both." 

Very respectfully, 

CLAY TALLMAN 

Commissioner. 
Approved: April 19, 19 20 

ALEXANDER T. VOGELSANG 

First Assistant Secretary. 



-24- 



reply plea! ref cr Lrci r Mo* 6 " 



: ARTMENT OF THE INTERIOR 
GENERAL LAND OFFIC 

V. ASHINGT 



April 31, 10 



Hot Springs Townsite, Leo. 

ulations governing disposition 

of lots, under Sees. 2382 to 2306, 
U. S. Rev, State, 



Register and RecoivGr, 

Las C ru e es , M ew I.i ex i c o . 
Sirs: 

The subdi visional survey of Hot Springs Townsite, Sierra County, . 
Mexico, embracing Lets 1 and 2, the N-V SE£, the Sj- NS^, the SS ? ; NY/J and 
the NE^ SV^-, Sec. 33, T. 13 5., R. 4 U., N.„M.M., was made under Section 
2384, U. S . «R. S., approved October 31, 1919, and duly accepted February 
2, 1920. The unreserved lots in said townsite vrf.ll be disposed o^ un< 
the provisions of Sections 2382 to 2386, U, S. Revised Statutes. 

The lots in the said Townsite of Hot Springs will be disposed of und r 
regulations herein provided. The blocks in the north and west portions 
of the townsite have not yet been subdivided into lots, and will not now 
be disposed of, but will be sold under future orders after a demand there- 
for shall hecome apparent. 

The minimum price of all lots of 4200 square feet or less is fixed by 
said Section 2384 at $15 -per lot. For all lots of greater area an ad- 
ditional sum of v 4 shall be added for each additional 1000 square feet 
or fractional part thereof. 

Prior to the date of public sale, hereinafter set for June 19, 1920, 
preemption right of purchase at the minimum price, of not exceeding two 
lots, is accorded an actual resident, tc secure which he must file in 
your office his application therefor and therein state the date of settle- 
ment, the value and character of his improvements; that he is 21 years of 
age or over or the head of a family; and that he is a citizen of the^ United 
States or has declared his intention to become such. The notice of inten- 
tion to make proof must be published twice consecutively in a weekly news- 
paper (or 14 times, if a daily), of general circulation in the Townsite 
prior to the date set for proof, at the applicant's expense. That all 
bona fide preemption rights may be determined prior to the date of public 
sale, claimants will, if possible, give notice in ample time to submit 
proof well in advance of the public sale. 

Proof may be made before you or before any officer duly authorized by 
law, and must show by record or documentary evidence, where such evidence 
is usually required, and where not so required, by the testimony of wit- 
nesses, (I) due publication of the register's notice; (2) the claimant 's 
age; (3) his citizenship; and (4) his actual residence upon one lot and 
substantial improvements on the second lot, if two lots be included in 
the application. The proof must embrace the testimony of the applicant 
and of at least two of his advertised witnesses. The purchase price for 
the lot or lots must be paid to the Receiver when the proof is made. 



•25- 



Entry of public lands under other laws, or in other townsites, or ownership of 
more than 320 acres, will not disqualify an applicant from making such entry. 
No entry can be made of an improved lot on which the claimant does not reside 
unless his residence lot is included in the same or a previous entry. 

To qualify as a preemption claimant for lots at the minimum price, settle- 
ment must be shown at the time of the commencement of the townsite survey in the 
field (October 23, 1918), and maintained to date of proof. Such a claim is not 
necessarily forfeited' by the settler" transferring his interest to another sub- 
sequently to accrual of the right, but patent, if issued, will be in the name 
of the settler and not the transferee* A husband and wife may claim but one 
residence lot upon which settlement was made as indicated above, and each may 
claim one additional lot upon which he or she has substantial improvements, 
provided the additional lot was held and claimed in his or her own right and 
name at the time of commencement of survey in the field. In no case can they 
thus secure a preemption right of purchase for more than throe lots in the ag- 
gregate. 

Hearings, will be ordered and conducted in accordance with the Rules of 
Practice whore two or more adverse applications are filed for the same lot, or 
where a sufficient contest affidavit is filed against an application on or be- 
fore the day fixed for making proof, but no purchase money .will be collected, 
from the applicants until the final det ermi nation of the case, whereupon the 
successful" applicant will be required to pay the purchase price within thirty 
days from notice thereof. Contests arising hereunder will be disposed of. 
promptly, all such cases to be made special, 

All right to preempt and purchase occupied and improved lots for which no 
entry has been allowed prior to June .19, 19-20,, will be forfeited unless a con- 
test be pendi nr thereon as hereinbefore provided, and such lots will be offered 
for sale together with the unoccupied lots, You will refuse to receive or con- 
sider any such application for entry where due. publication could not be had and 
proof made •-.thereon prior to the date, so fixed for the public sale. 

On June 19, 1920, a sale at public outcry to the highest bidder for cash 
will be held at the Townsite, of all remaining unreserved, undisposed of lo.s, 
the sale to be continued from day to day until all such lots shall_be offered, 
under the supervision of the Commissioner of the General Land Of ace. No lot 
will be sold for less than the minimum price hereinbefore stated* Alter ail 
unreserved and undisposed rof lots have been offered, the sale will not be closed, 
but it will be indefinitely postponed, pending an appraisement of ohe remaining 
lots before being made subject to private sale. 

On the filing of the plat of survey and the receipt of these regulations, 
you will conspicuously post in your office a notice to the effect that tne ol- 
ficial plat of such townsite has been filed in your office, and ohat you are 
ready to, receive applications by lot occupants to make proof for. and purchase 
the lots occupied by them, respectively. The newspapers in the vicinity should 
be given copies of such notice as an item of news, and such other publicity 
Should be given it as can be done without expense. 

Very respectfully, 



Approved April 21, 1920 

ALEXANDER T, VOGELSANG, 

First Assistant Secretary, 



CLAY TALLi'AN, 

Commissioner, 



-26- 



In Reply Please Refer To Circular Ho. 6 87 



DEPARTMENT OF THE INTERIOR 
GENERAL LAND OFFICE 

Washington April 26, 1020, 



Amendment of oil and gas regula- 
tions. 



Registers and Receivers, 

U. 5, Land Offices 4 

Sirs; 

The regulations, circulars Mos. 672 and 676, approved March 11, 
1920, and March 25, 1920 f respectively, for the administration of the oil 
and gas provisions of the act of February 25, 1920 (Public He, 145), v/ere 
amended b} r order of the Secretary of the Interior dated April 16, 1920, by 
adding after section 23 (page 21, circular 672), the fcllordng: 

"23-?r a Wh o mav 3- T >p ly»- i - All proper parties to a claim 
for relief under sections 13, 19, or 22 of the act shculd 
join in the application, but, if for any sufficient reason 
that is impracticable, any person claiming a fractional or 
undivided interest in such claim may make application for a 
lease or permit, stating the nature and extent of his inter- 
est, and the reasons for nonjoinder of his coov/ner or co- 
owners. In cases -/here tv/o or more applications are made 
for the same claim or part of a claim. leases or permits 
will be granted to one or more of the claimants, as the 
law and facts shall warrant and as shall be deemed just." 

Very respectfully, 

CLAY TALLMAN, 

Commissioner, 



-27- 



TOBNSEPES 

Hot Springs , Hew Mexico . 

■Regulations for the sale of lots in Hot Springs, Townsite, New 
Mexico, under sections 2382 to 2336, U. S. Revised Statutes, were ap- 
proved bythe First Assistant Secretary April 21, 1920. She subdivi- 
sionaL townsite survey was made bythe Government., therefore, the 
minimum price at which- settlers prior to commencement of such survey in 
the field will be allowed to purchase, is $15 per lot of 4200 sq« ft, 
or less, and an additional $4,00 for each additional 1000 sq. ft. or 
fraction thereof, ■''-'"■ 

The preemption rights must be exercised prior to June 19, 1920, 
on which day the remaining lots will be offered for sale at public 
outcry to the highest bidder for cash, at not less than the minimum 
price referred to above. 

This is one of the most important tov/nsites this office has had- for 
disposal owing to its population of approximately 900, and the hot 
mineral springs therein, said to possess medicinal properties, Govern- 
ment reservations have been made of the lands about these springs, thus 
preserving to the public the fullest "possible, use thereof, 

Blackf oot , Montana, • " 

Under regulations approved March 13, 1920, the sale' of the unre- 
served lots and the lots not enterable by preference right claimants 
in the Blackfoot Townsite in the Black feet Indian Reservation, Montana, 
was scheduled to take place on 'April 6, 1920, 'under "the supervision of 
the Superintendent for the -opening and sale of Indian reservations. 
The Superintendent 'stopped at Browning, a small town about two miles 
west of Blackfoot , arriving there at about - eleven o'clock at night in 
a blinding snow storm. He had passed through Blackfoot on the train 
with the expectation of -finding better "accommodations for the night at 
Browning, where he had stopped on one of Ms former trips. He went to 
the hotel where he had formerly* - stopped and registered for the night; 
waited around about half an hour and found that there was no accommo- 
dations there either for "man or beast" and so he trudged out in the 
storm and finally found an old acquaintance who tool: pity on him and 
housed him for the night. On the day of the sale he went to Blackfoot 
and learned that if he had stopped off there he would have found good 
accommodations waiting for him. At the sale there were 61 lots sold 
for the total sum of 03261, Undoubtedly the sale would have been better 
if it had not been for the stormy weather. 

Lid a, Nevada. 

One hundred photolithographic plats of Lida Townsite, Nevada, 
have been sent to the local officers at Carson City. The townsite 
was created under sections 2382 to 2385 U, S, Revised Statutes, which 
provides for preference right of entry to those in occupation of lots 



-28- 



at the time* of the survey in the field. Regulations for the pref-Srcnco 
right entries will be sent the local officers in a few days and as soon 
as. entries thereunder have been made, a public 'sale of the remaining 
lots will be ordered „ 

Powel 1 . Wy omi ng a 

The lots in 16 blocks in Powell townsite in the Shoshone Irrigation 
Project, Wyoming, will be offered at public sale on May 10, 1920, at the 
townsite. The appraisement of the lots has been made, approved, and sent 
to the local officers at' Lander, Wyoming. 

Wrang ell, Al a s k a . 

This townsite was patented to a trustee for disposition i.n 1905 c 
The first survey of the townsite into lots and blocks was found so de- 
fective that it was set aside and considerable controversy arose by 
reason of the defective survey, but the new trustee, . C. A. Arundell, 
has closed out and filed his account which has been adjudicated and 
found correct, thus ending his trusteeship. There was left on hand 
at the close of his trust and turned over to the city authorities, 
0858.54. 

J? ranni e , Wyo mi n g . 

«•■■'. 

April 19, 1920, the Secretary of the Interior withdrew for the 
townsite of Frannie, Wyoming, in a Shoshone Reclamation Project, some 
200 acres of land and a plat dividing a portion of the land into lots 
and blocks has been prepared and is now under consideration. It is 
expected that the lots will be offered at public sale some time in 
June, 1920. 

B urlington. Iowa . 

A survey has been made of a tract of land at Burlington, Iowa, 
fronting" on the Mississippi River, which was by Act of Congress set 
aside as a public highway. Under a later act of Congress, the Land 
Department was authorized to survey and patent the same to the city. 
The land is now ready for patenting and the patent will be prepared in 
a few days. 

* ■ 

Skagway and Yald ez, Alaska . 

April 9, 1920, the tracts of land applied for and entered by the 
towns of Valdez and Skagway, Alaska, for cemetery purposes , were ap- 
proved for patenting. 

Boulder, Co l orado . 

April 14, under the act of September 29, 1919 (Public I'o. 55), 
400 acres of land was approved for patenting to the City of Boulder 
for its water supply. 

-29- 



STOCK DRIVEWAYS 

Since the last Bulletin was issued, several driveways have been 
established, one in Susanville distriet in California, one in Black- 
foot district inldaho, and two in' southwestern Utah, and a driveway- 
withdrawal in Las Cruces district, New Mexico, has been modified by 
the addition and exclusion of certain lands. During this period the 
total area withdrawn for driveway purposes is 138,843 acres, distributed 
by states as follows: 9,003 acres in California; 10,931 acres in Idaho; 
113,949 acres in Utah, and 4,960 acres in New Mexico, and 117 acres in 
Idaho, and 6,557 acres in New Mexico have been released from such with- 
d rawal . 



RESTORATIONS AND OPENINGS 

Date Creek Abandoned Military Reservation, 

ARIZONA: 

The unappropriated lands in Date Creek Abandoned Military Reser- 
vation, in Phoenix land district, Arizona, inT. 10 N. , R, 7 »T,; T. 11 
N., R. 6 W.; and T. 11 N., R. 7 W. , G, w ' S. R* M., amounting to 3,446.7 
acres, will become open to homestead settlement and entry June 12, 1920, 
under the act of August 23, 1894 (28 Stat., 491 ), subject to payment of 
the appraised price, which is chiefly at the rate of §1.25 per acre, 
However, ex-service men of the World War who are qualified under H.J..R. 
20, approved February 14, 1920, will have a preference right of entry 
for 60 days prior to said date of opening. (See regulations in April 
Bulletin.) 

Restoration from Reclamation Withdrawal. 

ARIZONA: 

About 270,000 acres in Maricopa and Yuma Counties, Phoenix land 
district, open to homestead and desert-land entry on May 3, 1920, at 
9 a.m., only to ex-service men of the World War (subject, however, to 
prior existing valid settlement and preference rights); filings may 
be presented during the twenty days prior to that, date. All of the 
land v/hich remains unentered will be open to settlement and all proper 
forms of entry, selection and location by the general public on July 
2, 1920, at 9. a.;m. 

About 200,000 acres are designated as subject to disposition 
under the enlarged homestead act of February P, 1909 (35 St at., 6 39), 
The lands are along the Gila River, are all surveyed and are near the 
Southern Pacific Railroad and the towns of Palomas and Mohawk. Avail- 
able information indicates that the land is good agricultural land 
and suitable for fruit -raising. There are a few small sand hills 
scattered throughout the tract. 



-30- 



Fran Reclamation Withdrawal. 

NEVADA: 

19,000 acres in the Carson City land district, open to homestead 
and. desert -land entry on Way 10, 1920, at 9 a.m., inly to ex-service 
men of the World War (subject, however, to j,rior e/isting valid set- 
tlement and preferred rights); filings may be presented during the twenty 
days prior to that date. All of the lands which remain unentered vail 
be open to settlement and all proper forms of entry, selection and lo- 
cation by the general public on July 9, 1920, at 9 a.m. The lands are 
near Pyramid Latae and the Pyramid Indian Reservation, also near.Winne- 
mucca Lake. The nearest railroad is the Western Pacific, and the near- 
est railroad station is Sand Pass. Available information indicates 
that the land around the shore of Winnemucca Lake is rolling in char- 
acter; however, a mountain range runs through part of the balance of 
xhe tract. The soil is dry and ranges from a good quality sandy loam 
to very rocky. Very little water for irrigation purposes is available. 

From Reclamation Withdrawal. 
MONTANA: 

About 800 acres in the Glasgow lend district, restored from recla- 
mation withdrawal; open to homestead and desert -land entry on Hay 3, 
1920, at 9 a.m., only to ex-service men of the World War (sub ject , how- 
ever, to prior existing valid settlement and preference rights); filings 
may be presented during the twenty days prior to that date. All of the 
lands which remain unentered will be open to settlement and all proper 
forms of entry, selection and location by the general public on July 
2 , 1920, at 9 a.m. The lands are near the Milk River, are all sur- 
veyed, 'and near the Great Northern Railroad and the town of Malta.' 
The lands are included in a petroleum reserve and any entries allowed 
thereon vail be subject to the provisions and reservations of the act 
of July 17, 1914 (33 Stat., 509). Available information indicates 
that the lands are about evenly divided between table land and bottom 
land, and that they have a clay and sandy loam soil. 

Sale of Abandoned I.Iilitary Reservation. 
CAMP THREE FORKS: 

By regulations of April 1, 1920, provision is made for the sale 
at public auction for cash of the Abandoned Camp Three Forks Owyhee 
Military Reservation, consisting of the Post and Grazing Reserve, Wa- 
ter Reserve, and Wood Preserve, Oregon and Idaho, under the provisions 
of the act of July 5, 1884 (23 Stat c , 103), The lands in Idaho, em- 
bracing 3*689,13 acres, appraised at prices ranging from Q2 to 0l5 
per acre, are in T c 8 .S-. , Rs. 5 and 5 W. , B.i.'i u , and are to be sold 
at Boise, Idaho, commencing at 10 a.m. , June 21, 19.20. 

The lands in Oregon, embracing 354.05 acres, in Ts. 32 and 33 S„, 
R. 46 E, , W.Li., appraised at prices ranging from 03.00 to ;;12 per acre, 
are to be sold at Vale, Oregon, commencing at 10 a.m., June 25, 1920. 
(See regulations elsewhere in Bulletin.) 

-31- 



From Withdrawal for Military Purposes, 
NEW MEXICO: 

276.86 acres ir> LasCruces land district, open to homestead and 
desert-land entiy May 1,1920, at 9 a.m., only to ex-service men. of 
the World War*, filings may be presented during the twenty days prior 
to that date v The lands which remain unentered will be open to home- 
stead entry by persons generally at 9 a B m M Jure 30, 1920, and will 
become subject to settlement and dispositior under all applicable land 
laws on and after July 7th, The lands are released from withdrawal in 
connection with the construction of a military road to Ft.. Bayard. 

Sale of Abandoned Military Reservation, 
ARIZONA: 

By regulations of April 19, 1920, provision is made for the sale 
at public auction for cash, commencing at 10 a.m., July 6, 1920, at 
Willcox, Arizona, of the vacant lands in the Abandoned Fort Grant Mili- 
tary Reservation, under the provisions of the act of July 5, 1884 (23 
Stat,, 103). 

The lands to be sold embrace 8,008*33 ceres in Ts„ 9 and 10 S. 9 
Rs. 23 and 24 E„, G, & S r R. M,. appraised at 016,568.42, the prices 
ranging from 01.25 to 03,. CO pe^ acre, (See regulations elsewhere in 
Bulletin.). 

From Stock Driveway Withdrawal, 
NEW MEXICO: 

About 6,556 acres in Socorro County, Las Cruces land district, re- 
stored from Stock Driveway Withdrawal; opened' to homestead entry and 
desert-land entry, where surveyed, on June 25, 1920, at 9 a.m., only 
to ex-service men of the World War (subject, however, to prior exist- 
ing valid settlement rightsand preference rights); filings may be pre- 
sented during the twenty days prior to that date. All of the lands 
which remain unent ered will be opened to settlement and all proper 
forms of entry, selection and location by the general public on August 
26, 1920, at 9 a.m. The lands are generally mountainous and grazing 
in character, and 1,020 acres thereof have been designated under the 
•Enlarged Homestead Law. 

Opened to Entry under Reclamation Act. 
MONTANA: 

About twenty-one farm units within the Milk River Project, Montana, 
will be open to homestead entry only, under the reclamation act, at the 
district land office at Glasgow, to qualified persons holding approved 
water-rental applications on and after 9 .am., April *0, 19<0 water- 
rental applications may be filed with the Project Manager, U.S. Reclama 
tion Service, at Malta, Montana, within a period of six days beginning 
April 24 1920, and continuing to and including 9 a.m., April 3U, la u, 
All such water-rental applications are required to be for a specified 
tarn unitlanc must be accompanied by the initial water- rental payment 
oHsTor each irrigable acre in the farm unit. Under the terms of Pub- 
lic Resolution No. 29, the dates above mentioned are applicable only to 
Qualified -y-«»~Hr» ™n of the Wor ld War . The opening to the general 
• public ol any lands wh Tc^m^y-Te^aTn unentered will be on and after June 
30, 1920. _ 32 _ 



RECENT DECISIONS 
of the 
COURTS AND THE DEPARTMENT 



Land Grant - Indemnity Pro visions - Forest Wit hd rawal . 

In the case of United Spates vs Northern Pacific Railway Company, 
on appeal from the United States District Court for the District of 
Montana, in the Ninth Circuit, a decision was handed down by the court 
on April 8, 1920, of more than usual' significance to the Land Depart- 
ment, in the matter of the adjustment of grants' made to aid in the con- 
struction of railroads. The lands involved, some 5,000 acres, are within 
the indemnity limits of the Northern Pacific Grants, and on January .29, 
1904, were included in a temporary withdrawal for the Gallatin National 
Forest, and by Proclamation of March 7, 1908, were included in the bound- 
aries of said forest o At the time of this temporary withdrawal, the 
lands were unsurveyed, but, April 5, 1905, having been surveyed, the 
company filed its selection list for these lands, which were patented 
to the company June' 24-, 1909, under such selection* Thereafter, demand 
was made upon the company to. reconvey the lands to the United States, on 
the ground that the selection was inadvertently allowed in view of the 
prior order of withdrawal, and this suit was instituted for the re- 
covery of title on the refusal of the company to' reconvey* 

The decision of the court embraces- a stipulation of the facts on 
which the case was submitted, together with a recitation of the statu- 
tory provisions of the grant to the Northern Pacific, and space forbids 
its reproduction here in full, but, the views of the court are substan- 
tially covered by the following: 

"The real question here is',* as we think-, whether a 
court of equity should sustain the government in its at- 
tempt to appropriate to its own purposes,' to-wit, for a 
public park, land that by its solemn contract it agreed 
the Northern Pacific Railroad Company should receive for 
completing its road, which it is conceded -it did complete 
in performance of its part of the agreement. ■% -* * # *"•* * 

"The law has, therefore, long been thoroughly set*-' ■ 
tied not only that the Northern Pacific Railroad Company 
acquired no right to any specific tract of land within 
the indemnity limits of its grant prior to the survey - 
thereof, and its selection by the company, but that 
neither the Secretary of the Interior, the Commissioner 
of the General Land Office, nor any other officer of 
the government was authorized to withdraw for the bene- 
fit of the railroad company any of such indemnity' lands 
prior to their survey, from settlement or entry under 
the general land laws. But, that, in our opinion, is 
a wholly different thing from holding or in ; any way im- 
plying that any officer of the government -was authorized 
to withdraw any of such indemnity lands for the purposes 
of the government itself y in violation of the solemn con- 
tract made by Congress in its acts above referred to, 

-33- 



which, :<as we have before observed, is the real qacetion 
in this case, 

"By act of Congress of March 3,. 1887 (24 Stat*, 556), 
the Secretary of the Interior was directed to immediately 
adjust, in accordance' with the decisions of. the Supreme 
Court, each of the railroad land grants made by Congress 
to aid in the construction of railroads and theretofore 
adjusted. That there' was found, such a. deficiency of 
granted lands within the primary limits of the grant in 
question as entitled the railroad company to look to the 
indemnity lands in lieu thereof, we think clearly ap- 
pears not only from the agreed statements of facts upon 
which the case was tried, but from the fact of the is- 
suance by the Land Department of the patent sought by 
this suit to be canceled, not by reason of the fact that' 
it was issued for indemnity land in lieu of land lost to 
the railroad company within the primary limits of its 
grant, but because of the -withdrawal order of January 
29', 1904. 

"In the case of St,' Paul and Pacific Railroad Com- 
pany vs Northern Pacific Railroad Company, 139 U,S,, l, 
19, the court very carefully considered the act of July 
.2, 1864, and- concluded its unanimous opinion in these 
words: 

".lAs to the objection that no evidence was pro- 
duced of any selection by the Secretary of the Interior 
from the indemnity lands to make up for the deficiencies 
found in the lands within the place limits, it is suf- 
ficient to observe that all the lands within the indem- 
nity limits only made up in part for these deficiencies,. 
There was therefore, no occasion. for the exercise of . 
the judgment of the Secretary in selecting for them, 
for they were all appropriated, 1 

"Iw Wisconsin Central Railroad Company vs Forsythe, 
159 U.S^',46 , " 60, the same court said: 

"'When Congress makes a grant of a specific number 
of sections in aid of any work of internal improvement, 
it must be assumed that it intends the beneficiary to 
receive such amount of land, and when it prescribes that 
those lands* shall be alternate sections along the line 
of the improvement, it is equally clear that the intent 
is that if possible the beneficiary shall receive those 
particular sections. So far as railroads are concerned, 
it is. the thought not merely that the general welfare 
will be subserved. by the construction of the road along 
the lines indicated, but further, that such grant shall 
not be attended with any pecuniary loss to the United , v . 
States; for the universal rule is to double the price 
of even sections within the granted limits. The ex- 
pectation is that the company receiving the odd sections 
will take pains to dispose of them to settlers, and 
thus by their settlement and improvements increase the 
value of the even sections ad joining ..and so justify the 



-34- 



added price. To fully realize thin expected benefit, 
it is essential that the lands taken by the company 
shall be as near to the line of the road as possible; 
and so, while selection of remote lands is permitted, 
it is only when and because there is a- necessity of 
such selection to make good the amount of the grant. 
Obviously, therefore, an act must be construed to 
realize, so far as possible, this intent and to accom- 
plish the desired result.' 

"In' Southern Pacific Railroad Company vs Dell, 
183 U.S WJ 6 75, 6 89, the court said: 

"'Now, as alrea.dy observed, there is a clear dis- 
tinction in section 3 between granted lands and lands 
to be selected after the deficiency in the granted lands 
has been ascertained. It is true that, prior to this 
selection being made, many of these indemnity lands 
may be taken up, and an insufficient amount left for 
the railroad (and we do '.net deny the force of the dis- 
senting opinion in Hewitt vs Schultz in that connection)., 
but we think this possibility serves rather' as a basis 
for a further action by Congress, such as was made in 
the Northern Pacific case by the joint resolution of 
May 31, 1870 (l6 Stat., 378), than as a reason for 
withdrawing from settlement a vast amount of land 
which the railroad may never have occasion to require. 1 

"In Oregon and California Railroad Company vs 
United States, 189 U.S.,, 103, 115, the court further 
observed: 

1,1 It is also said that all the lands within the 
indemnity limits were required to supply the deficit 
in place limits arising from the disposition^ prior to 
definite location by se.le and otherwise of lands within 
the granted limits. But the extent to which lieu lands 
could be required to supply such deficit in place lands 
could not be properly or legally determined until there- 
was an adjustment of the grant- of lands In respect of 
place limit s.* 

"'And in Humbird vs Avery, 195 ■U*S«, 480, 507, 508, 
509, the court, after referring to its preceding deci- 
sion in 133 U.S., -1-96, to the effect -that the indemnity 
lands remained unaffected by the grant until selection, 
and that 'until then, the lands which might be taken 
as indemnity were incapable of identification; the pro- 
posed .selections remained the property of the United 
States. The Government was, indeed, under a promise 
to give the company indemnity lands in lieu of what 
might be lost by the causes mentioned. But such promise 
passed no title, and until it was executed, created no 
legal interest which could be enforced in the courts', 
said: 

" 'Now, the lands here in dispute and claimed by 
the plaintiffs as grantees of the Northern Pacific Rail- 
way Company (the alleged successor in interest of the_ 



-3^- 



Northern Pacific Ramjroad Company) are lands admittedly 
within indemnity, as distinguished from granted or 
place limits. The mere filing of lists and selections, 
after the acceptance of the map of definite location 
of the railroad line between Duluth and Ashland, gave 
the company no such title as could be enforced by the 
courts in a suit between private parties. It is true 
the government was under a promise to give the railroad 
company lands in the indemnity limits to supply losses • 
in place limits. But, ac adjudged in the above cases., 
that promise passed no title. The promise vail no doubt 
be fulfilled by the government in due time and in. its 
own way. The selections not having been approved by 
the Secretary, the title remains in the Government. 1 

"That promise of the Government of indemnity 
lands in lieu of what might be lost in the place limits 
was an essential part, of the contract between the Gov- 
ernment and the Northern Pacific Railroad Company for 
the building of the road it did build, the compliance 
with v/hich contract on its part clearly precludes, in 
our opinion j, the Government from subsequently taking 
such lands for other purposes of its own." 

Thus far, in this case, the company has had the better of the 
litigation, but doubtless an appeal will be taken from the present de- 
cision by the Government, to the United States Supreme Court, v/here the 
entire question will be under final review. 

Mining Location - Jurisdiction of the Land Department ,. 

The United States Supreme Court, April 19, 1920, in the .case of 
Ralph H. Cameron, et al vs United States, handed down' a very important 
decision, one growing out of long continued litigation in the Land De- 
partment, involving the validity of certain mining claims asserted by 
the plaintiff, against which decisions were rendered in the Department 
and reported at 35 L.D., 495 and 36 L.D., 66. After these decisions, 
which were adverse to the applicant, he -continued to assert exclusive 
right to the possession and enjoyment of the lands embraced in the lo- 
cation, as if the lode claim were valid, and he and his 'codef endants 
continued to occupy and use the ground for business purposes, thus ob- 
structing its use by the public, whose interest appears in the follow- 
ing statement of facts and opinion of the Court; 

"This is a suit by the United States to enjoin 
Ralph H. Cameron and others from occupying, using for 
business purposes, asserting any right to, or interfer- 
ing with the public use of, a tract of land in' Arizona, 
approximately 1500 feet long and 600 feet- wide, v/hich 
Cameron is claiming as a lode mining claim, and to re- 
quire the defendants to remove therefrom certain build- 
ings, filth and refuse placed thereon in the course of 
its use by them as a livery stable site and otherwise. 
In the District Court there was a decree for the United- • 
States, and this was affirmed by the Circuit Court of 
Appeals. 250 Fed., 943. 

"The tract is on the southern rim of the Grand 
Canyon of the Colorado, is immediately adjacent to the 

-36- 



railroad terminal and hotel buildings used by visitors 
to the canyon and embraces the head of the trail over 
which visitors descend to and ascend from the bottom of 
t-he canyon. Formerly it was public land and open tc 
acquisition under the public land laws. But since 
February 20, 1393, it has been within a public forest 
reserve established and continued by proclamations of 
the President under the acts of March 3, 1891, Sec. 24, 
26 Stat., 1095, 1103, and June 4, 1897, c. 2, 30 Stat., 
34-36; and since January 11, 1908, all but a minor part 
of it has been within a monument reserve established by 
a proclamation of the President under the act of June 8, 
1906, c. 3050, 34 Stat., 225. The forest reserve re- 
mained effective after the creation of the monument re- 
serve, but in so far as both embraced the same land, 
the monument reserve became the dominant one. 35 Stat., 
2175, The inclusion of the tract in the forest reserve 
withdrew it frcm the operation of the public land laws, 
other than the mineral land law; and the inclusion of 
the major part of it in the monument reserve withdrew 
that part from the operation of the mineral land law, 
but there was a saving clause in respect of any"valid" 
mining claim theretofore acquired. The United States 
still has the paramount legal title to the tract, and 
also has the full beneficial ownership if Cameron T s as- 
serted mining claim is not valid. "* "»~ "* * *- -X- # -* -* -&• -K- 

"It is rightly conceded that in the case of a con- 
flict between a mining location and a homestead claim, 
the department has authority to inquire into and de- 
termine the validity of both, and, if the mining loca- 
tion be found invalid and the homestead claim valid, 
to declare the former null and void, and to give full 
effect to the latter; and yet it is insisted that the 
department is without authority, on a complaint pre- 
ferred in the public interest, to inquire into and de- 
termine the validity of a mining location, and, if it 
be found invalid, to declare it of no effect and recog- 
nize the rights of the public. We think the attempted 
distinction is not sound. It has no support in the 
terms of the mineral land law, is not consistent with 
the general statutory provisions before mentioned, and 
if upheld would encourage the use of merely colorable 
mining locations in the wrongful private appropriation 
of lands belonging to the public. 

"Insiancbs in which this power has been exercised 
in respect of mining locations are shown in the Yard 
case, 38 L.D., 59, and the Nichols-Smith case (on re- 
hearing), 46 L.D., 20; instances in which its exercise 
has received judicial sanction are found in Lane vs 
Cameron, 45 App. D.C. 404, and Cameron vs Bass, 19 
Ariz., 246; and an instance in which its existence re- 
ceived substantial, if not decisive recognition by this 



-37- 



court is found in Clipper Wining Company vs Eli Mining 
Company, 194 U„S Vf 220, 223, 234. 

"The argument is advanced that the department nec- 
essarily is without authority to pronounce a mining lo- 
cation invalid, because it has within itself no means of 
executing its decision, such as dispossessing the locator. 
But this is not a proper test of the existence of the 
authority, t for the department is without the means of 
executing most of its decisions in the sense suggested. 
V/hen it issues a patent, it has no means of putting the 
grantee in possession, and yet its authority to issue 
patents is beyond question. When it awards a tract to 
one of two rival homestead claimants, it has no means . 
of putting the successful one in possession or the 
other one put, and yet its authority to determine . 

which has the better claim is settled by repeated de- 
cisions of this court. And a similar situation ex- 
ists in. respect of most of the claims or controver- 
sies on which the department must pass in regular 
course. Its province is that of determining' questions 
of fact and right under the public land laws, of rec- 
ognizing or disapproving claims according to their 
merits, and of granting or refusing patents as the 
law may give sanction for the one or the other, V/hen 
there is occasion to enforce its decisions in the 
sense suggested, this is done. through suits instituted 
by the successful claimants or by the Government, as 
the one or the other may have the requisite interest. 

"V/hether the tract covered by Cameron's location 
was mineral, and whether there has been the requisite 
discovery were questions of fact, the decision of 
which by the Secret ary of the Interior was concliislve 
in the absence of fraud or imposition, and none was 
claimed. Catholic Bishop of Nesqually vs Gibbon (158 
U.S. ,155, 166, 167); Burfenning vs Chicago, St. Paul, 
etc., Ry Co., 16 3 U.S,, 321, 323. Accepting the 
Secretary's findings that the tract was not mineral 
and that there has been no discovery, it is plain . 
that the location was invalid, as was -declared by. 
the Secretary and held by the courts below* 

"Of other complaints made by the defendants, 
it suffices to say that, in our opinion, the record 
shows that the Government was entitled to the relief 
sought and awarded." ^ ;•' 

Private Land Claim - Treaty Protection . 

(l) A judgment of the Court of Private Land Claims, created by 
the act of March 3, 1891, sustaining the validity of a Mexican grant 
within the territory ceded by the Gadsden Treaty, as having been per- 
fected prior to the cession, is conclusive not only as against the 
United States, but as against any grantee of the United States; and 



-38- 



(2) the owner of such a grant is permitted, hut not required, hy the 
act of July 22 # . 1854'. to assert his claim and have the land reserved 
thereunder, but his failure so to do in no way affects hi Le, 

which by the treaty the United States binds' itself to recogniz.0 and 
protect „ Ely Real Estate and Investment Company vs Watts, 262 Fed.,731. 

Hornes t ead En t ryman - ^Devisee . 

Where a homesteader dies before final proof, and one of the heirs, 
as sole devisee, makes final proof on behalf of the heirs, and a United 
States patent issues to the heirs, they take title as co-t enants a^.d 
as special purchasers, or as donees, and not by reason of any right 
in the estate of the deceased entryman. Stoll vs Gottbreht , 176 N„ 
W r? 932. 

Navigable Waters - Riparian Rights . 

The boundary between land owned by the State below high water line 
on navigable waters, and the land of a shore owner, is ambulatory, 
shifting from time to time as the high water line advances or recedes, 
due to erosion, reliction, or accretion; and a grantee of the State 
acquires no greater right and can not claim title to the land formed 
by accretion. Nirdlinger vs Stevens, 26 2 Fed„ 591* 

Cancellation o f Homest ead Paten t - Fr audul ent Entry . 

Evidence regarding the circumstances under which an uncle as- 
sisted three nieces in securing homesteads which he purchased from 
them upon final proof being made, held insufficient to establish 
that he was an innocent purchaser for value without notice of their 
failure' to comply with the homestead requirements. United States vs 
Woolley, 262 Fed*, 5l8 a 

Limitation of Acti ons - Fraudulent E ntry . 

Where the Government first learned of fraud practiced in securing 
homestead entries through a special agent's report dated July 28, 1908, 
received in the General Land Office August 31, 1908, a suit to cancel 
the patents instituted August 22, 1914, is not barred by the six-year 
statute of limitations. United States vs Wooli 3 y j 262 Fed*, 518. 

Waters and Water C ourses. 

The State of Montana has assumed to itself ownership of rivers 
and streams in the State, and has granted the right to appropriate 
waters in accordance with statute, which, appropriation vests in the 
appropriator the full title to the use of such waters, whether such 
waters come from seepage or from water naturally flowing in a stream. 
Marks vs Hilger, 262 Fed., 302 s 



-39- 



School Lands - Pov/er Site Withdrawal - Exchange of Tit le, 

In response to a request for instructions on the part of the; 
General Land Office, First Assistant Secretary Vogalsang, April 9, 
1920/ held that under the provisions of the act of February 28, 1891, 
amending sections 2275 and 2276, Revised Statutes, a state may sur- 
render title to school lands embraced within a power site withdrawal 
in exchange for public lands of the United States. 

The opinion of the Secretary considers at length possible dis- ' 
tinctions between "reservations' 1 and "withdrawals" citing at length' 
decisions of the courts as well as the Department, arriving at the 
following conclusion: 

"It seems clear, however, in view of what has heen 
said that in the great majority of cases in practical' 
operation and effect a withdrawal and a reservation of 
public lands are identical., The question naturally 
arises then what is the crit erf: en by which we may judge 
whether a withdrawal or recurvation' is within the mean- 
ing of that tern as used in section 2275, Revised Stat- 
utes. 

"In the opinion of the Department, the true test 
is wKether the lands have been set aside in the inter- 
est of the public, that is, dedicated to some special 
use or designated for some particular purpose as for 
example, where the withdrawal or reservation is In -pur- 
suance of a policy .declared by Congress as one for which 
the public lands may be used. This obviously compre- 
hends reservations under the act of 1910 6 

"The Department does not wish to be understood as 
saying, however, that a withdrawal for mere purposes of 
classification or for irrigation would constitute a res- 
ervation within the meaning of the act of February 28, 
189I Q Such a withdrawal is in most cases manifestly 
in aid of administration and not a reservation of pub- 
lic lands for the use of the United States. 

"The purpose for which power-site withdrawals are 
made is not necessarily the construction and operation 
of power plants by the Government itself. The real 
purpose is to enable the Government to protect the 
public interests in connection with hydro- elect ric de- 
velopment in this- country „ The precise manner in which 
this is to be accomplished depends upon the future de- 
termination of Congress, where the matter is now under 
consideration., Bui the act of 1910, specifically au- 
thorizes the reservation of lands for this purpose, 
and the Department is fully convinced that such a 
reservation when made comes clearly within the meaning 
of that term as used in section 2275 R„S,, as amended 
by the act of February 28, 1891*" 

-4-0- 



OREGON AND CALIFORNIA LAND OPENING 

The reports which have been received by the Bulletin relative to 
the opening of the Oregon and California lands under the circular of 
February 24, 1920, are fully. in accordance with the expectations of 
the Land Departments At the Roseburg,land of fice,' before the hour for 
opening the doorr. , hundreds of home-seekers were lined up in the cor- 
ridors of the Federal Building awaiting an opportunity to file on these 
lands. Applicants from practically every state in the Union were thus 
seeking opportunity of obtaining a farm. Of course, the greater num- 
ber of these applicants were p.x- service men, who were given special 
privileges under House Joint Resolution Ho, 20, while a considerable 
number were settlers alleging preference rights under the act of re- 
vesoment. Reports from the district land office at Portland also 
indicate a similar interest taken in these lands by the soldiers and 
sailors of the late War with Germany.- 

RECENT LEGISLATION 

Sale of La nd s in G regory Count y, South Dakota. 

Senate Bill 2? 86, authorizing the sale of lands in Gregory County, 
South -Dakota^ formerly embraced- in the. Fort Randall Military Reserva- 
tion, has passed both houses of Congress, and received the approval of ... 
the President April 15, 19 20^ 

Relief of Claimants of certain Unsurveyed La nd s in Uta h , 

H„R. 5213, for the relief of occupants and claimants on unsurveyed 
public?. and in T # 8 N, , E. 2 117., S.L.M., has passed both houses of Con- 
gress, and received the approval of the President April 15, 1920, 



PENDING LEGISLATION 
Agricultural Entries on Coal Lands , 

Senate Bill 1257, to amend an act approved June 22, 1910, entitled 
"An Act to provide for agricultural entries on coal lands," passed the 
Senate April 5, 1920. This bill, in effect, extends the provisions of 
the act of July 17, 1914 (38 Stat., 509), to coal lands, 'with the pro- 
vision that no desert entry allowed thereunder shall contain more than 
160 acres. 

Settlers on Baca Float Numbered Three . 

Senate Bill 2728, a bill for the relief of settlers and art rymen 
on Baca Float' No, 3, in the State of Arizona, passed the Senate April 
6 1920 and now goes to the House for its consideration. 

Consolidation of Forest Lands in the Sierra Nation al Forest. 

Senate Bill 2789, for the consolidation of forest lands^in the 
Sierra National Forest, which has heretofore passed the Senate, has 

-41- 



been reported out of the Committee on Public Lands in the House, and is 
now pending before the Committee of the Whole. 

Oregon National Forest . 

Senate Bill 2792, to enlarge "the boundaries of the Oregxm National 
Forest, passed the Senate April 6, 1920, and now goes to the House for 
its consideration. 

Irrigation Easements in Yellowst o ne Nati on al Park ., 

Senate Bill 3895, authorizing the granting of certain irrigation 
easements in Yellowstone National Park, passed the Senate April 6, 1920, 
and now goes to the House for its consideration. 

Disposition of Oregon and California and Coos Bay Wagon Road Lan ds, 

Senate Bill 376 3, regulating the disposition of lands formerly em- 
braced in the grant to the Oregon and California Railroad Company and 
Coos Bay Wagon Road Company, has been reported out of the Senate Com- 
mittee on Public Lands without amendment. This bill is identical with 
H,R, 9392, which has also received favorable action at the hands of 
the House Committee on Public .Lands. 

Interm a rriage of Homestead Settlers . 

Senate Bill 3225, for the relief of bona fide settlers who inter- 
marry after having complied with the homestead laws' "for one year, passed 
the Senate April 6, 1920, and now goes to the House for its consideration. 

Acquisition of Rural Homes , 

Senate Bill 3477, to increase, without expenditure of Federal 
funds, the opportunities of people to acquire rural homes, passed the 
Senate April 6, 1920, and no?/ goes to the House for its consideration. 

United States D istrict Courts in Alaska 9 

Senate Bill 4205, proposing to amend Section 363 of the Compiled 
Statutes of the Territory of Alaska (1913), by establishing a district , 
court for the District of Alaska, consisting of four divisions as de- 
fined therein, has been reported favorably out of the Senate Committee 
on the Judiciary. 

Abolition of Eighty-Rod Reserved Shore Spaces in Alaska . 

H # R« 10806, to provide for the abolition of the eighty-rod reserved 
shore spaces between claims on the shore waters in Alaska, has been re- J 
ported out of the Committee on Public Lands to the Committee of the Whole, 
with certain amendments. 

The bill as reported provides: 

-42- 



"That the provisions of the Act of May 14, 1898 
(Thirtieth Statutes at Large, page 409), extending the 
homestead laws to Alaska, and of the Act of March'3, 
1903 (Thirty-second Statutes at Large, page 1028), 
amendatory thereof, in so far as they reserve from sale 
and entry a space of at least eighty rods in width be- 
tween tracts sold or entered under the - provisions thereof 
'along the shore of any navigable wat er, and provide that 
no entry shall be allowed extending more than one hun- 
dred and sixty rods along the shore of any naVi'gable 
.water, shall not apply to lands classified and. listed 
by the Secretary of Agriculture, for entry under the 
Act of June 11, 1906 (Thirty-fourth Statutes, page 233), 
and that the Secretary of the Interior may, upon appli- 
cation to enter or otherwise in his discretion,' restore 
to entry and disposition such reserved spaces and may 
waive the restriction that no entry shall be allowed 
extending more than one hundred and sixty rods along 
the shore of any navigable water as to such lands .as he 
shall determine are not necessary for harborage uses 
and purposes," 

Mexican Land Warrants . 

H, R. 1,3418, is a bill authorizing the use of Mexican Land War- 
rants in. states other than those to which they were originally con- 
fined, 

Military Service of Settlers or Entrvmen , 

H,R, 13592, to authorize, certain homestead settlers or entrymen 
who entered the military or naval service of the United States during 
the v/ar with Germany to make proof on their entries, passed the House 
of Representatives April 19, 1920, and now goes to the Senate for its 
consideration. 

This bill provides: 

"That any settler or ent ryman under the homestead laws 
of the United States,. Who, after settlement, application, 
ar entry and prior to November 11, 1918, enlisted or was 
actually engagdd in the United States Army, Navy or Marine 
Corps during the war with Germany, who has been honorably 
discharged and because of physical incapacities due to ser- 
vice is unable to return to the land, may make proof, with- 
out further residence, improvement, or cultivation, at such 
time and place as may be authorized by the Secretary of the 
Interior, and receive patent to the land by him so entered 
or settled upon; Provided, that no such patent shall is- 
sue prior to the survey of the land," 



-43- 



Relief of Homestead Entrymen.. 

H*R # 8690, for the relief of certain homestead entrymen, which 
permits settlers now living within the boundaries of national forests 
to make additional and original entries under the enlarged homestead 
and stock-raising homestead acts, under certain conditions, passed 
the House April 19, 1920, and is now 'pending in the Senate. 

Abandoned Railroad Right of V/ayy 

H^R* 9899, to provide for the disposition of: abandoned portions 
of rights of way to railroad companies, has been reported out of the 
Committee on Public Lands with certain amendments. The bill as re- 
ported provides: ■. 

"That whenever public lands of the United States 
have been or may be granted to any railroad company for 
use as a right of way for its railroad or as sites for 
railroad structures of any kind, and use and occupancy 
of said lands for such purposes has ceased or shall here- 
after cease, whether by forfeiture or by abandonment by 
said railroad company, declared or decreed by a court of 
competent jurisdiction or by Act of Congress, then and 
thereupon all right, title, interest and estate of the 
United States in said lands shall be transferred to: and 
vested in any person, firm or corporation, his heir, or 
its heirs, assigns t or successors in title and interest 
to whom or to which title of the United States may have 
been or may be granted, conveying or purporting to con- 
vey the whole of the legal subdivision or subdivisions 
traversed or occupied by such railroad or railroad struc- 
tures of any kind as aforesaid, except lands within a 
municipality the title to which, upon, forfeiture or 
abandonment, as herein provided, shall vest in such 
municipality, and this by virtue of said patent and 
without the necessity of any other or further convey- 
ance or assurance of any kind or nature whatsoever; 
Provided, That this Act shall not affect conveyances 
made by any railroad company of portions of- its right 
of way if such conveyance be among those which have 
been or may be validated and confirmed by any act of 
Congress,," \ ■ ■ 

Railroad Lands Granted for Public Road Purposes , 

H.R. 9285, authorizing- any land grant railroad company, fir its 
successors, to convey for public road purposes, parts of its right" 
of way, received a favorable report at - ' he hands of the Committee on 
Public Lands in the House, April 15, 1920. 



-44- 



■Isolated Tracts in Fort Derthold Indian Reservation . 

H.R. 13139, a bill for the sale of isolated tracts in the former 
Fort Derthold Indian Reservation, North Dakota, passed the House April 
5, 1920, and has been reported favorably out of the Committee on Indian 
Affairs in the Senate. 

Yo Semite, Sequoia and General Grant National Parks . 

; H.R 12044, to accept the cession by the State of California of 
exclusive jurisdiction of the lands embraced within the Yosemite Na- 
tional Park, Sequoia National Park, and General Grant National Park, 
respectively, passed: the House April 5, 1920, and is now pending in 
the Senate. 

Settle rs on Snake. River, Idaho » 

H.R. 12626, is a bill for the relief of certain persons to whom, 
or their predecessors, patents were issued' to public lands along the 
Snake River, in the State', of Idaho, under an erroneous" survey made in 
1883* It passed the House April 5, 1920, and has been, referred to the ■ 
Committee on Public Lands in the Senate. 

Isolated Tracts in Former Oregon and Ca liforni a Railroad G rant . 

H.R. 13389, a bill to authorise the Secretary of the Interior 
to dispose of, at public sale', certain isolated and fractional tracts 
of land formerly embraced in the grant to the Oregon and California 
Railroad Company, has received a favorable report from the Committee 
on Public Lands, and is now before the Committee, of the VJhole. 

Amendme nt of Desert Land Lav/. ,- 

Senate Bill 2977, to amend section 8 of an act to provide for 
the sale of desert lands in certain states and territories, approved 
March 3, 1877, as amended, by an act to repeal the timber-culture laws 
and for other purposes, approved March 3, ,1891, .was reported out of 
the Senate:" Commit tee on Public Lands, favorably considered in the 
Committee of the Whole, .and passed April 27, 1920. The bill provides; 

"That Section 8 of an act to provide for the. sale 
of .-desert lands in. certain States and Territories, ap- 
proved March. 3, 1877, as amended by an act to repeal 
timber culture laws, and. for other purposes, approved 
March 3, 1891, be, -and the same is hereby, amended so. 
as to read as follows: ; • . •■ 

"'Sec. 8, That the ; provisions of the act to. 'which 
this is an amendment, and the amendment's thereto,' shall 
apply to and be in : force in the State oP Colorado, as well 
as. the States named in the original act; .and excepting in 
the State of Nevada, no person shall be entitled to make 
entry of desert lands unless he be a resident citizen of 
the State or Territory in which the land sought to be en- 
tered is located. 1 " 

— -x J - * 



CONSOLIDATED WORK REPORT OF LOCAL LAND OFFICES 
FOR 'MONTH OF MARCH, 1920. _. C r , 





: Cases pending 




Cases 


disposed of 


:Pend- 




: and received 










: ing 


Office 


: P end- 


:Rec'd:.Total 


: Trans 


: Trans 


sRef'd 


: Total 


:Mcl%31 


* ■ - 


sing 

iMcfc,! 

:192'0 


, 5 


, 5 


:mit'd 
:on ap 
ipeal 


:mit f d 
: other 
:y/ise 


: to 
: Chief 

: Field 
: Div. 




: 1920 


Alabama 


















Montgomery 


: 152 


: 76 


: 228 




: ' 55 


, v 


: 55 


: 173 


Alaska 


















Fai rb ank s 


: 7 


: 12 


: 19 




: 3 


: 8 


: 11 


: ' ; 8 


Juneau 


: 83, 


: 94; 


: 177 




:- 88 


: 3 


:■ 91 


: , 86 


Nome (a) 




> 














Arizona 


















Phoenix (a) : 


















Arkanoas : 


















Camden : 


17: 


65: 


83: 


1: 


45: 


, 13: 


60 : 


23 


Harrison : 


153: 


16 3: 


316: 


2: 


199: 


1: 


202 : 


114 


Little Rock : 


117: 


183; 


300: 


2: 


158: 


18: 


173 : 


122 


California : 


















El Centro .. : 


21: 


419: 


440: 


2: 


85: 


17: 


, 104 : 


336 


Eureka . ' : 


183: 


21: 


204: 


10: 


8: 




18 : 


186 


Independence : 


227: 


86: 


313: 




70: 


8: 


73 : 


' 235 


Los Angeles ; 


174: 


299: 


473: 


5: 


.217: 


14: 


236 : 


237 


Sacramento : 


569: 


194: 


76 3: 


2; 


18: 


54: 


74 : 


6 89 


San Francisco : 


522: 


111: 


633: 


4: 


120: 


15: 


139 : 


494 


S us anvil le . : 


i 272: 


68: 


340: 




60: 


2: 


62 : 


278 


Visalia : 


■504: 


275: 


779: 




82: 


5: 


,87 : 


692 


Colorado 


















Del Norte 


171: 


102: 


273: 




80; 


3: 


83 : 


190 


D env er : 


287; 


156: 


443: 




139: 


. 14: 


15 3 : 


290 


Durango : 


• 361: 


114: 


475: 




130; 


4: 


134 ; 


341 


Glenv/ood Spgs„ : 


; 2278: 


296: 


2574: 


2. 


415 ! 


38: 


455 : 


: 2119 


Hugo : 


: . 474: 


434' 


908: 


-5; 


449: 


7: 


451 : 


447 


Lamar (a) : 


















Leadville : 


: 445: 


70: 


515: 




94: 


1: 


95 : 


420 


Montrose (a) : 


















Pueblo : 


3287: 


505: 


: 3792: 


2: 


6 3:3: 




6 35 : 


: 3157 


St erling : 


280: 


141; 


421; 




144: 




144 : 


: 277 


Florida : 














i - ' 




Gainesville : 


. 41: 


87: 


128: 


2: 


73: 


5: 


80 : 


48 


Idaho : 






'•: 












Black foot : 


16 67 : 


192; 


1859: 


2: 


202; 


7: 


211 : 


16 48 


Boise : 


799: 


233: 


1032: 


6: 


194: 


5: 


205 ; 


: 827 



-46- 



Idaho 

Coeur d v Alene 

Hailoy 

Levi st on 
Kansas 

Topeka 
Louisiana 

Baton Rouge 
Michigan 

Marquette 
Minnesota 

Cass Lake 

Crook 3-0 on 

Duluth 
Mississippi 

Jackson 
Miss ouri 

Springfield 
Mo nt ana 

Billings 

Bozeman 

Glasgow 

Great Falls 

Havre 

Helena 
Kali spell 

Lewis torn 

Miles City 

Missoula 
Nebraska 

Alii anc e 

Broken Bow 

Lincoln 
Nevada 

Carson City 

Elko 
New Mexico 

Clayton 

Fore Sumner 

Las Cruces 

Roswe^ 

Santa Fe (a) 

Tucumcari 
North Dakota 
Bismarck 

Dickinson (a) 

Mi not 

Willi stem 
Oklahoma 

Guthrie 
Oregon 

Burns 

La Grande 

Laic evi ew 



: 119 


: 40 


: 159 




38 




: 38: 


: 903 


: 139 


: 1042 




: 234 


: 3 


: 237: 


: ,141 


: 38 


: 179 




: 84 




: 84: 


: 120 


: 70 


: 190 




: 76 




: 76: 


: , 53 


: 98 


: 151 


: 1 


: 52 


: 9 


. 7H • 

1 1 ~J • 


: 7 


: 12 


\ 19 




: 16 


: 2 


: 18: 


: 201 


: 69 


: 270 




: 121 




: 121: 


: 303 




: 375 




: 99 




: 99: 


: 36 


: • 41 


: 77 




: 40 


: 1 


: 41 : 


: 25 


47 


72 


: 1 


^0 
» 1** 




: 53: 


: 1 


5 


: 6 




: 5 




: 5: 


: 153 


120 


•273 




: 102 




: "102: 


: 449 


185 


. 6 34 


1 


: 153 


: 2 


: 156: 


: 1029 


463 


1492 


18 


: 277 


: 13 


: 313: 


: 657 


157 


■ 814 




: 122 


: 7 


: 131: 


: 727 


517 


1244. 


1 


: 336 


: IS 


: 355; 


: 979, 


: 204 


. J.XOO 


: 11 


: 135 


• 


: 19 3: 


: 39: 


26 


55: 




34 




34: 


: 1228. 


6 94 


. 1922. 


■3 


i 293 


: 21 


' 317: 


: 3116. 


354- 


3470 


•4 


. 395 


: 21 


. 420: 


: '■ 85 


80, 


165 




l 72 




72: 


: 135: 


78: 


214 


16 


55 


: 1. 


73: 


74: 


42. 


116: 




3T< 


1 1 

» JL 


38: 


: 13 


14: 


27: 


1 


14 


2 


17: 


: 403: 


144. 


627: 




193: 


10: 


203: 


: 169: 


49: 


218: 




93: 




93: 


: 522: 


168: 


690: 




133 


9: 


144: 


: 274: 


184: 


458: 


«*1 


94. 


3 


100: 


: 1027: 


185: 


1212 : 




209 


2: 


211: 


: 1159: 


410: 


1569: 


6: 


323; 




329: 


: 250: 


112: 


362: 


. 


100: 


2: 


104: 


: 99: 


37: 


136: 


1. 


24: 


3 . 


23: 


: 65; 


37: 


102: 




50: 




50: 


: 79 : 


33: 


112: 




43: 




43: 


: 145: 


88: 


233: 


3: 


88: 




91: 


: 201: 


72: 


273: 




76: 


8: 


84: 


: 1002: 


265; 


1357: 




512: 


30: 


6 42: 


: 242 : 


37: 


. 279: 




44: 


12: 


56: 



121 

805 

95 

114 

79 

1 

149 

276 

36 



171 

478 

1179 

683 

839 

935 

31 

1505 

3050 

93 

141 
78 
10 

424 
125 

5-46 

358 

1001 

1240 

258 

103 

52 

69 

142 

139 
625 
223 



-47- 



Oregon 
Portland 
Roseburg 
The Dalles 
Vale 
South Dakota 
Bellefourche 
Gregory 
Lemmon 
Pierre 
Rapid City- 
Timber Lake 
Utah 
Salt Lake City- 
Vernal 
Washington 
Seattle 
Spokane 
Vancouver 
Walla Walla 
Waterville 
Yakima 
Wisconsin 

Wausau 
Wyoming 
Buffalo (a) 
Cheyenne 
Douglas 
Evanston 
Lander 
Newcastle 
Total 



86 


39 


125 


1 


: . 48 




: 49 


: 76 


: 42 


: 53 


: 95 


: 1 


: 56 




: ' 57 


: 38 


: 1177 


: 230 


: 1407 


: .6 


: 300 


: , 18 


324 


: 1083 


: 411 


: 131 


: 542 




: 60 


15 


: 75 


: 467 


: 517 


: 97 


614 


: 1 


: 103 


: .' 6 


: 110 


504 


: 124 


: 18 


: 142 


: . 3 


: 10 




: 13 


: 129 


: 252 


: 72 


: 324 




: 60 


: 5 


: 65 


: 259 


: 277 


: 109 


: 386 


: . 2 


: 82 


: . 30 


: 114 


: 272 


: 1735 


: 132 


: 1867 


: 1 


: 52 


: 5 


58 


' 1809 


483 


: 68 


: 551 


: 5 


; 84 




: 89 


452 


: 1696 


493 


2189 




: 202 


21 


223 


1966 


: 13 


: 29 


: 102 




. . 56 


1 


57; 


45 


: 5 


37 


42 


2 


33: 




35: 


7 


: 124 


: 82: 


206 




69: 


2: 


71 


135 


: 48 


20. 


68 




28: 


1: 


29. 


39 


: 165 


49: 


214 




48: 


2: 


50: 


16 4 


: 287: 


96: 


383 


1: 


77: 


3: 


81 


302 


: 115. 


96: 


211i 




78: 




78: 


133 


: 20: 


14: 


34: 




15: 


, 


15: 


19 


: 176 7: 


559: 


2326: 


10: 


455: 


12: 


477: 


1849 


: 2183: 


681: 


2864: 




945: 




946: 


1918 


: 277: 


58: 


335: 




70: 


13: 


83: 


252 


:' 377: 


324: 


701: 


1: 


154: 


14: 


169: 


532 


: 1947: 


507: 


2454: 


10: 


999: 


20: 


1029 : 


1425 


43590: 


13777: 


57367: 


167: 


12832: 


597: 


13596: 


43771 



Note- (a) No report received from these offices on April 27, 1920. 



CONSOLIDATION OF CAMDEN LAND OFFICE WITH LITTLE ROCK IN ARKANSAS. 

On March 26, 1920, the President signed an Executive Order consoli- 
dating the office at Camden with the office at Little Rock, Arkansas. 
Under this order, the consolidation is to be effected on July 1st next. 

If 100 men were to have fortunes left to them, only 
one or two would keep their wealth beyond a few years. 

But any man, by sticking to it, can acquire a com- 
petence. 

Put your savings into War Savings Stamps and 
Treasury Savings Certificates. 



-48- 



PERSONAL N0TE3 

Word comes that Mr. Harman L. Broomall, Student Interpreter, 
American' Embassy, Tokyo," Japan, formerly of Division "3", General .. 5 
Office, has passed his examinations most creditably, and after a c de- 
ference with the Ambassador, concluded that it would b i • To: 
to familiarize himself with the language and customs of the country by 
living among the people. He has, therefore, taken up his abode in a 
small house with one or two other students, in the little town of 
Maebashi , 'containing about 50,000 people. He describes it as "rather 
lonesome", but highly advantageous to an ambitious student-, 



Mr. S; W, Goodale, Inspector of Offices of Surveyors General, 
whose headquarters are at San Francisco, California, is in the General 
Land Office for a short time on official business. 



Mr„ A. C Shaw, formerly chief of the Division of Public Lands cf 
this office, later in the Forest Service, but now a practicing attorney 
in Portland, Oregon, has beer in the city for a few days recently, on 
business connected with the Land Department, 



Special Agent Charles F. Follen, who has recently been transferred 
from the Santa Fe Division to the Washington Field Division, covering 
the States of Michigan, Wisconsin and Minnesota, with headquarters at 
Washington, D„C,, spent several days during the early part of this month 
looking over the work of this division. He left for Duluth, Minnesota, 
on April 13th, and is now engaged in field work under his new assignment. 



APPOINTMENT 



Q 



William Henry Treichler of Sacramento, California, appointed Receiver 

of Public Moneys at that p] ace; and 

Frank G. Willis, of Independence, California, appointed Receiver of 

Public Moneys at that place. 



TELL THE BULLETIN. 

To all loca.1 offices a nd f iel d service empl oyees , : 

If anything occurs, in the public land service, which you think 
should be chronicled, tell us about it. Address all communications to 
the Commissioner of the General Land Office, "Land Service Bulletin." 
All communications should be received not later than the 24th of each 
month for use in the current number* 



mwxMtWEm 




Vol* 4. 



June 1, 1920 



No . 4 . 



THE RETIREMENT LAY/. 



A bill for the retirement of employees in the classified 
Civil Service, and for other purposes, was approved by the President 
May 22, 1920. It should first be noted that the act applies only to 
persons within the classified Civil Service of the United States; and, 
of the persons in the classified service, two classes are affected by 
the act. The first of these relates to Civil Service employees who 
have reached the age of seventy years, or will hereafter reach that 
age, and the second, to Civil Service employees who have become 
totally incapacitated before reaching the retirement age of seventy 
years . 

Chief interest attaches to the question of retirement on 
account of age. The act provides that, beginning at the expiration 
of ninety days next following its approval, all employees in the 
classified Civil Service of the United States having reached the 
age of seventy years, shall be retired on an annuity, provided they shall 
have rendered at least fifteen years of service. 

Employees subject to retirement are divided into six groups, 
each having a minimum and maximum annuity. 

The first group consists of those having a service of thirty 
years or more. These shall have an annuity of 60 per cent of their 
average salary for the last 10 years of service. The maximum annuity 
for this group is $720 per annum, and the minimum $360. 



The second group must have a service of at least twenty-seven 
years and loss than thirty, annuity 54- per cent of the average salary" 
for the last ten years of service; maximum annuity, 0684, minimum ^324. 

The third group must have a service of at least twenty-four 
years and less than twenty-seven; annuity 48 per cent of the average 
salary for the last ten years of service; maximum annuity, y576 ; 
minimum, 0288. 

The fourth group must have a service of at least twenty-one 
years and less than twenty-four. Annuity is 42 per cent of the average 
salary for the last ten years of service; maximum annuity, 0504; minimum 
0252. 

The fifth group must have a service of at least, eighteen years 
and less than twenty-one years; annuity 36 per cent of the average salary 
for the last ten years of service; maximum annuity, 0432; minimum, <,j>216. 

The sixth and last group must have a service of at least fifteen 
years_ and less than eighteen; annuity, 30 per cent of the average salary 
for the last ten years of service; maximum annuity, 036O; minimum, yl80 . 

In determining the average- salary for the last ten years "basic 
salary" only is meant, bonuses, allowances, overtime pay, etc., being 
excluded, and it. is apparent that the maximum annuities noted above are 
baiered upon the §12.00 salary and tho minimum, upon a §'600 salary. This 
means, of course, that no matter what salary an employee may have had 
above $1200 per annum, ' his annuity can not rise above C'720, nor can his 
annuity fall below 0180". 

In computing periods of service, service whether classified or 
unclassified will be counted,' but employees on extended furlough may 
only count the first six months of such period. Service at different 
times and in different departments will be counted. 

Employees receiving a military pension are not deprived thereof 
but are not allowed to count the time for which the military pension is 
granted in tho period of civil pensionable service authorized by this 
act. In other words, the same period of service may not be utilised to 
secure two pensions. 

The act provides that all persons in the classified service who 
have reached the retirement age shall be automatically separated from 
the service at the expiration of ninety days next succeeding the pas- 
sage of the act. This means that on August 21, 1920, employees of 
retirement age shall be retired, and all salary, pay or compensation 
ceases from that date. There is, however, one proviso of much interest, 
as affecting the employees, and that is, if. the head of a department, 
branch or independent off ice, of the government, certifies to the Qivil 
Service Commission, not less than thirty days before August 21st, that, 
by reason of his efficiency or willingness to remain in the Civil Service, 
an employee's continuance would be of advantage to the public service," 

-2- 



such employee may be retained for an additional term of not exceeding 
two years, and this may be' renewed from time to time until the end of 
ten years. The act provides, however, that after the expiration of 
ten years, additional employment shall not extend beyond four years. 

Employees v/ho have been retained in the service after having 
reached the age of seventy may voluntarily retire within the tv/o year 
period if they choose so to do, or they may be retired by compulsion 
if in the judgment of the head of the department, branch or independent 
office, such employee's retirement would promote the best interests of 
the service. 

Annuities on account of age are for the life of the annuitant . 

For the purpose of providing funds to meet the expense of the 
annuities in part, there will be deducted from the basic salary, pay, 
or compensation, only, of each employee to whom this act applies, a sum 
equal to 2 1/2 per cent per annum. These deductions Will be made by 
the disbursing officers and the pay envelopes will be short this amount. 

Other items of interest in the act are those 'providing for a 
proper investment of the retirement fund thus accumulated, at interest, 
and its return to an employee with accumulated interest in case he 
leaves the service before arriving at the retirement age. 

The act also provides that when an employee who has been 
separated from the service desires to return to same he must redeposit 
the retirement fund, with interest in full, which was repaid him at 
the time of his separation.. 

Blank forms, such as applications for 'annuity, etc., will be 
furnished by the Commissioner of Pensions as soon as they can be pre- 
pared. 

Disability Retirement. 

The act provides for retirement on account of total disability, 
providing the employee has served hot less than fifteen years, the 
amount of annuity depending upon the- length of service and the average 
salary during the ten year period, out such 'employee must be examined 
by a medical officer of the United States before retirement and annually 
thereafter. If he shall have been restored to health before reaching 
the age of retirement under the act;, payment of the annuity shall be 
discontinued from the date of medical examination sh'owing recovery, 
Annuities shall cease also if and at the trims annuitant fails to take 
the annual medical examination. Fees for medico.] examination? shall be 
fixed by the Commissioner of Pensions, and the physicians or surg^o; s 
designated. Reasonable traveling expenses of an. employee necessarily 
incurred in order -to take such examinations shall be paid out. oi the 
appropriation for the cost of administering the act. 

It is, of course, much toe early to 'attempt a solution of many 
questions which occur as one carefully reads the act. Those "ill have to 
be determined when they arise, either through regulations established by 
the Commissioner of Pensions under the act or through decisions by the 
Comptroller should the action of the disbursing officers in paying or 
withholding money bring questions before that official. 



SURVEY NOTES. 
Red River Oil Field : 

By order dated April 1, 1920, the Supreme Court of the United 
States granted an injunction affecting the disputed territory in the 
Red River Oil Field of Oklahoma and Texas, and appointed a United States 
Receiver to take possession of the territory and to control the operation 
in the oil field. In pursuance of this order, R. 17. Livingston, U. S. 
Cadastral Engineer, proceeded to the field in order to survey and monu- 
ment the south boundary of the receivership in T. 5 S. t R. 14 U., Indian 
Meridian . 

Beginning on the east boundary of the township the line was 
surveyed up stream following the thread of a former channel of the 
river nearest the foot of the Texas bluff, for a distance of 4 l/2 miles 
where the lino blends with the present river bank; throughout the western 
part of the township the line follows the river bank at the foot of the 
Texas' bluff . This line represents the limit of the Government's claim 
in R. .14 V/., and what is believed by the Department of Justice to be 
the true boundary between Oklahoma and Texas in accordance with the 
treaty of 1819 between the United States and Spain* In the survey of 
this line I.ir. Livingston adopted most careful methods, working to "tack 
points," based upon Polaris observations and steel -tape measurement. 
The line runs through the heart of the Red River oil field; and en- 
counterddnumerous obstructions in the shape of oil, wells, pump stations^ 
tanks, tool houses, etc. Numerous offsets were required, but it was 
found to be possible to prolong the transit work without an abandonment 
of the reference to the Polaris observations. The solar attachment had 
been placed in accurate adjustment ready for use if needed, and was em- 
ployed as a "check," but,. as explained, without absolute dependence 
upon the solar for the determination of alinement. 

Painted wooden posts were set at intervals of 5 chains, in 
order that the line may be readily followed without the help of a 
surveyor. These posts bear the inscription: "U. S. Supreme Court, 
Temporary Point" and serial number. All posts were established on true 
line. The perimeter of the figure controlling this survey is 18 miles 
in length, the area included in the figure is about 12- square miles „ 
Two sets of Polaris observations were made, one on the east boundary 
of the tov/nship and one on the west boundary. The closing error of the 
survey was found to be 1:15000, which compares favorably with precise 
triangulation-control surveys. 

The party was accompanied by engineer representatives from the 
states of Oklahoma and Texas, raid by A. D. Kidder, Associate Supervisor 
of Surveys, General Land Office. The party is now engaged in mapping 
the development in the oil field and in the survey of the limit lines 
of individual rights of Indian allottees within the river bed. ..Haps 
are being produced for the information of the Government to be used at 
the time of the trial of the suit involving the title to the river bed. 



-&.- 



Albert Smith, Jr., U. S* Cadastral Enginoer', has recently re- 
turned to Washington, having been engaged since the middle of January 
in the examination and 'survey of numerous fragmentary areas throughout 
southern Florida. All of the pending cases arc completed in the field, 
and returns now in course of preparation* 



•Arthur W. 'Brown, U. S* Cadastral Engineer, has recently com- 
pleted the survey and appraisal of Proctor's Landing Abandoned Military 
Reservation, situated on Lake Borgne, Louisiana. The boundaries as 
established by the War Department many years ago .were retraced, identi- 
fied and remarked,'' A. portion of the reservation was. found to be oc- 
cupied by fishermen and others- A subdivision into building lots was 
made to accommodate the settlers.. , '.".'. [ t 

Manual Reprint : . ... ., 

<■ 

The advance sheets, chapters one to six of the Revised Manual 
of Surveying Instructions, has met with such a popular demand that the 
first edition of 1,000 copies, secured, by this .office for official use, 
together with the supply obtained by the Superintendent of Documents 
for sale at cost to the public, has been exhausted ; .and requisition was 

; made during' the past month for a reprint. Although the revised text 
has been in use for six months, we have yet to receive any 'adverse 
criticism either from professional or private * source's,, and ..it is par- 

1 ticularly pleasing to the Manual Board to note that except for. one or 
two typographical 'corrections, the original plates from which the first 
edition was produced,, go to the printers unchanged.* .. 

Natural Bricfee and Cavern: 

With the return's of survey of T* 11 N., R. 9 E., G. and S.R.B. 
and M., as executed under Group. No* 91, Arizona, Mr. Sidney E. Blout, 
U„ S. Cadastral Engineer, transmitted a special report covering' a 
natural bridge and cavern found an 'the s - 1 -/ 2 of Sec » 5 . of "^hat ' tmm " 
ship*. The bridge is reported. to be of . limestone, the* re'sult of 
calcareous waters from nearby springs breaking forth on each side of 
Pine ; Creek and leaving their" deposits of lime in the slow process of 
formation until this natural structure stands 183 feet high, 425 feet 
wide, with an arch approximately 30 feet thick. The cavern is about 
100 feet in length and is' beneath the bridge. It contains many varieties 
in colors and shapes of stalactites and stalagmites. The said' report 
v/as referred to the National Park Service for consideration and ap- 
propriate action.. 

■arrearages Cleaved up ': 

In order to bring up the. arrearage of work involved in the final 
examination of returns of surveys in the Surveying . Division of the 
General Land Office, caused by the loss of, a number of technical ex- 
perts from the office force .whose places-are still vacant, it has been 

-5- 



necessary during the past three winters -to; temporarily detail s.cfv ai 
members of the 'Field Surveying Service .to this,- work.. Due to en -ad- 
ministrative plan worked out upon the experiences of. the past two 
winters and to the loyal cooperation of the field-men assigned ' 
task, the arrearage of 175 sets of returns awaiting examination last 
fall has been wiped out and-the -close of the month of May finds the 
work practically current for the first time in many years f 

Field Activities : ; v;."-' 

•As well illustrated by the report of surveying parties in the 
field -on May 15, 1920, , the 0700, 0C0 annually appropriated under- the 
Sundry' Civil Bill for surveying the. public lands-, can.; by no means be 
accepted as an index of the field activities of the Field Surveying 
Service. This report shows that out of 58 parties in the field, 31 
are paid from the said regular appropriation, while 27 are; paid .from 
special funds. It is estimated that the Surveying Service operates on 
a basis 'of over'-. Cl, 000, COO annually .. .-■.':.■ tY. 

Field Cooperation: ■ . ■ ■ ' ,.■-'■• 

The. 11th p-f Kay terminated a; visit to the General Land Office 
by Mr, S# T/~. Goodal.e, Lns-p.optor of .Surveyq-rs. Generals' and Local Land 
Offices. Since 'Mr, Goo.dale .was last ; -i-n-17ashington he- had visited all 
the of fice.s of the survlpyp r.a. go neral, • including -the one. at Juneau, 
■■'.hile here, he was in- confe-r-encp with the members- of- the pi vision of 
Surveys with: a view to working out a- .plan of ^ close; cooperation with 
and standardization of.- practice,? in all of the- branch of f ices . 



FIELD SERVICE ftOTES'l 



'p-m Sari Francisco : 



A. T^Lightner of Bak.ersfield^ Calif o-rnia, on ; Kay 3rd, 1920, 
filed pleas of .Nolo Contendere in two- cases, alleging, violation of 
Sections. 28 anoV37 of the Federal Penal Code and was fined 0.1000.00. 

,. Samuel T. Foden was tried- at Fresno on- May 5th - 7th. for viola- 
tion of Section 37 and was found guilty-. .• Sentence- has not yet. been 
pronounced.' / ; 

On May 18th, 1920, 'the United States Grand Jury .at Fresno re- 
turned an indictment for violation of Section 37 against -Laurence 
Brannick and Samuel T. Foden of Lps Angeles, California, 

Two applications for leases under t He'" relief provisions 'of the 
Oil Land Leasing; --BilL have, been f^led in California by companies claim- 
ing portions of ; the- -Hawk Flaper. L.P/jation . This is the. land that was in- 
volved in the firs.t oil case tri.ed in California ... The amount of royalty ' 
tendered the Government by these two companies ;is approximately. 0275,000 ,00. 

"-6- 



' : '■'•■■ . 

From Denver : i ■ ■ 

• ■■ « ■ . 

An indictment under Sees. 37 and 215 of the Federal Penal Code 
was procured at Kansas City-,. Missouri, on Hay 8,- against A.-R. Ba'iloy 
and Y/illiam B.'Slife, of Denver, and V/. H-.-YTood, -of Kansas City, • of- 
ficers of The V/estern Oil and .Shale Land Validating Company and the Oil 
Development Corporation, as well "as against scvegi, other men who Were 
agents of these concerns.. These people, 'pretending to be acting under 
government supervision, were making dummy locations' on ail,, shale Man d in 
western Colorado, and marketing the locations on the pretense' that they 
were making original- locations which" the government, would, recognize and 
patent. No actual location work' was' done on any of : the' lands, cither 
for the original dummy locators or for the parties to whom the lands 
were sold. 

Agents Connolly and Duer and Chief i.IcEniry, of" the Denver',; Division, 
,ffnd Agent F.earl of the Southern Division, ' all assisted in rounding up 
this. crowd. It 'is b'ur'own contribution towards the fight on the H.C.L, 
by the elimination of the' .••fraudulent, promoter. from legitimate industry; 
and it is the surest measure of protectiorKto those who desire to use 
the Public Domain for real ..development . r " • . L 



The decrees rendered last October by the United' States District 
Court for Colorado in five. suits brought by the Government against the 
County, Commissioners of San Juan County, Colorado, the San Juan Lumber 
Company,- and others, to recover the value of the timber cut from un- 
patented -mining claims and sold to the -defendants., have now become final. 
Judgment, was rendered against. the defendant .'in each, case, the Government 
recovering a total of $746 -.81 ...".A sixth' suit, in this group, United States 
v. Charles Voilleque, was settled out 'of court three years ago by the 
defendant* s payment of -0124, the amount sought to -be recovered. 

These, suits were- all based on reports submitted in 1914 by former 
Special Agent Show on the timber trespasses committed by Ben Bagozzi, 
Henry Born and others on unpatented mining claims in San Juan County, 
■Colorado . 



During the past five years the Denver- Field Division has had a 
number of cases against Harry H ..Kanegieser-, .based .mostly upon com- 
plaints that he mislocated homesteaders. ;. . 

Several months ago. one Tony. Stijcar brought . suit' against 
Kanegieser, or Kanner,- as he is now known, in the State District Court 
at Denver, for Ol'0,000 damages for assaulting , him b.ecause^ he refused to 
pay a $300 location fee to Kanner for land the latter wanted him to file 
on but had not shown him. On May 18 the suit was tried, ard the jury 
awarded Stijcar OlOOO" actual damages, $2000 punitive damages, and a body 
judgment against Kanner. Stijcar is a naturalized citizen, of Croatian 
birth, is a poor man, and- has a wife and eight children on a farm back 
in Iowa. He came out to Colorado last January to be located by Kanner 

-7- 



on a homestead, upon representations made to him by Kanner* s., agent... at -.:. 
Des Moines. After recovering sufficiently from the effects of Kanner' s 
brutal assault , -/which took-.-, place, in the, 6f f ice. . Kanner then main- 
tained in Denver., . St i-j car came to the. Denver-Land Of f ice' and t-o.- the 
chief of field; division to, tell his story,, and aroused the sympathy of 
all of us. He, -speaks- rather broken English,, but its. a' good. Sturdy 
citizen, and Kanner made, a mistake in assuming that, he could be mis-- 
treated with impunity. Everyone in the.:local land office and the field 
division office is much gratified over the result of Stijcar's cas-e,--- 

■ It is hoped that as a result of the cases pending against Kanner 4 
before the United States Attorney, an etfd will be put-'tohis career of. 
preying upon the public • . .• •:■:.:.■.;■•■ ! . • . -' 

From Santa Fe : 

All .of the "snow-bir.ds" have -gone/ North.' :..; '; ■;:. . " • \ b ' 

-...*.. ...... y. *>y* '. • •■ - , . ■ 

, ■ .. i ' . ' .; . . . ■..,....'•,.•..-.' .. . > 

■ .-.,•:- -Mrs. Mary M.. Daly, stenographer /and typist in this office, has'.. 
tendered her rcsignatiQ,n'.f .-.Mrs* /Daly- will continue to reside; in. Santa Fe» 



Chief of Field Service Yelverton left for Salt Lake City May 
first.., :Mr» Yelverton was 'in this 'Division .for about five weeks. 



The Circuit Court of Appeals has affirmed the District Court 
in the Jesse C. Fain G.ase. Fain was formerly a Special Agent in this 
Division and was_indicted and tried on a charge /of submitting false -ac- 
counts. He was -sentenced to pay a fine and. serve thirteen months in , 
the penitentiary./ . •■ ■ '. , 



._. ' The oil,- game in -New. Mexico and Arizona is apparently settling 
down. The people interested, no. doubt, realize that it is the .drill '' 
that will tell the tale of oil beneath the surface, not the reports pf-0 
geologists and press agent work . They .have. .apparently come to the con- 
clusion that drilling is the only proven way of disclosing oil. There 
are a lot of stories that are- nothing but "pipe-dreams" going out to 
the people at a distance . ■- These 'bombastic yarns have little or no . 
■foundation of fact and merely tend to disgust real -operators and -;;■./;.- 
capitalists who are willing to engage in' real development . There is 
an abundance ,of honest development work going on which will prove within 
a few-weeks or. months at the most whether this territory is or is ;n-ot - 
an oil field.- The .lurid press reports , of the, past .merely help some 
sharpers to sell the /unsophisticated ;. something at a price -.not justified 
by conditions at the present time. • 



Minora?. Examiner Y/ilhclm has tendorod his resignation, to. accept 
a position with the Belgian Corporation. Mr. Y/ilhclm will be located 
in Alaska. .... . .:' 

From Helena: . . ,., . .... ,. , . ; »•,•■.. . v r,- 



Herewith find copy of memorandum opinion by Judge Bourquin, 
of the U. S. District Court f or. -the ..District of Montana, denying motion 
for new trials in the cases of United States vs. David F. Giistrap, 
. and ^United ; -States ; vs . Kirk Gilsijr.ap ,;' in. which 'convictions for' perjury 
were; . recently secured, at- the Gr.out ^Fall-s term... ... 



UNITED STATES-DISTRICT COURT.- M0MTA1 A 



United States ) 

„ vs. . ., ) 34£Ch, 3422'. .. • ' . . .. •,, . ..'■' : ... 

Giistrap .:.)- ■•■>\o. ■- -• .'•■ •• ■ -•' 

"7 ... f 

In the trial- 8 . wherein ; def end ants:, wprc convicted of perjury, it 
appears that, at a hearing in a contest over public lands in the' United 
States Land Office, defendants., sworn, on- Saturday testified en Sunday. 

They -now -move for .new trials for, that • Sunday is dies -.; non' 
iuridicus t and in consequence the proceedings upon that day arc void 
and afford no basis for assignment of perjury, : Although no. federal; 
statute declares.. Sunday dies npn i uri dicus . and; although the United- 
States has not adopted ..the., common law,., if . it be conceded that the 

practice applies to. federal judicial proceedings;,- it is :°oslieved'it : ■•'''■ 

has no application-he^re. For it- is limited: to : v strictly, .judicial power" 
and proceedings, and relates not at all to those .ministerial,' nor to 
a ny quasi judicial.proceedings..by-tho-.laMd office in the disposition 
of public lands (which?) are exercise of executive and not cf judicial 
power, ..and are executory .and; ; not- judicial proceeding's." .-.•::.. ; • • 

. It is true that iany ( such disposition, vin-.tlettermiciii ng-' which "of 
rival ..applicants is ve'ntitlQ.d';to contrast f die the : I and," it 1 ^.y be- neces- 
sary, for the administrative! of dicers -to hear .-and. decide'. .fort this is 
only .a .usual- incident in- exispcise of executives power-' of. r ex-sCuiory pro- - ; 
ceedings, and although judicial in mature, ih no wise transforms the' 
executive and ministerial to the judicial. 



See Land Owners vs. People, 113 111., 296. 






.■ It seems "clear that^the land' of flee, un^tff'e sited by the' principle' 
involved, may legally remain open, transact; business', contract public 
lands on Sundays. If in process thereof upon Sunday, rival applicants 
appear, then, and'- there present applications ^" submit -evidence, decision 
thereupon made^.. and. th.e land, soldvto: one'of them,- the-' proceeding's in 
all respects are .'essentially ministerial'-ahdiici judicial and are valid 
everywhere.- :;-..,.■ ;■ .- x ;..' ' ■»"• '■ ■ " : '"-- • :'•"'■ -'■'■ 

New trial denied. 
Hay 5, 1920. -• ■ -- Bourquin, J. 

-9- 



From Portland : , v :...";-• ;'J,"-' ,-'. *■-'■ 

1 Special Agent -Leonard* 'Underwood has recently been granted A.---" 
furlough of three months on account of sickness. Mr* Underwood has' "been 
absent from duty since early in February on sick and annual leave, due 
to a nervous break-down. .,.•■",■ 



Mineral Examiner'V/. '_R. Cox returned to duty on ; -May i-5, '1920. 
He has been absent since February!- 14, 1920, on siclf and annual leave and 
leave .without pay, on account of "stomach and intestinal trouble. V/hile 
away he was operated upon for appondicitis. It- -is expected that he will 
soon regain his full strength and. vigor..-' '■•' 



Special Agent Harvey J. Brown was absent from duty a few days 
a short time ago; on account of the death at Spokane,' Washington, of 
a brother-in-law, who was killed in an automobile accidents A brother,, 
of the deceased was killed a year or so ago by the. accidental- discharge 
of a gun. 



Honorable S. V/. Williams, Special Assistant to the Attorney- . 
General of the United States, whose headquarters are ,now;-at -.San Francisco, 
California, recently was in Portland for the : first time -since- his sick- ; 
ness. He had been confined to ni.s. home, for some four or five months 
from after-eff ects of the "Flu," having been in an unconscious condition , 
during practically the whole of the month of November last . He-isnow,' 
able to handle the work of<his office, but has 'not. yet regained : his'. 
former health and vigor. ••"■ ' : '.' ;•'., ''". '. ,v<:\ i"-'- ' '••'"'"'' ; .. : 'f'"'' 

A glance at the roster shows that during the past two years there 
have been many changes of Chiefs of Field Division. At the time of, the 
Chiefs' meeting in Washington, D. C », ,in June,'"1918 f , Mr • Laughliri of- 'this. 
division was the "baby Chief." Now he.. is> junior only to Mr*. McEniry,' in , 
point of service as Chief, and if the future may- bo judged by- the -past, . ; 
there would seem to be small hope that he '.will : ever succeed to Mac' s < 
present position as Dean of the corps. • : .!'•'■ ; . ... : -:-. 



The following item or- news 'dispatch from Rosoburg,, Oregon, copied 
from the Portland, Telegram, of a few weeks- ago-,..' may bo of Interest' to » 
some of the readers of the Bulletin • ! ^ • -. -. - .■' ",'. ■• ■, 

Dinger Hermann, one of the best known and most highly , 
respected citizens of Doug-las county.,- and of the 'state. 
of Oregon, celebrated his 77th birthday at the' Hermann 
home in this city Thursday. Mr. Hermann is in the best 

-10- 



of health, and moves about the, city as spry as many nun of 
half his ago. Ho, served the state of Oregon for several 
terms -as congressman, an 4 later was appointed commissioner 
of the General Land Office at. Washington, D. C. Ho has. : 
served the public in many 'ways,- and has' written 'several 
books since his retirement to ,- private, life about eight 
years ago ." 

■.■..', Carlos L. Byron, "whose conviction in the District Court of the 
United States for the 'District of Oregon, for use of the mails, to de- 
fraud, in connection with locating people on lands in Oregon 'embraced 
in lieu Selection^ has been heretofore mentioned in the Bulletin, is 
now serving a term of fifteen months of imprisonment in the Federal 
penitentiary at McNeil's Island, Washington. It may be remembered that 
he was convicted at Portland in the year 1918, but was not confined to 
the penitentiary until recently t on account of an appeal to the Circuit 
Court of Appeals of the United States, and certiorari proceedings in 
the Supreme Court. ■ Frank E. Alley, who- was indicted along with Byron, 
is still a fugitive from justice* 

Mr. Byron and Edward M. Corny ns were sentenced on May 17, 1920, 
by the District Court of the United States for the District of Washing- 
ton, Northern Division, to imprisonment of fifteen months each, on a 
similar charge in connection with operations In the State of Washington, 
Their trial was held at Seattle, Washington, in February, 1920. It is 
presumed that appeals will be taken.. 

. '. Special Age* nt C, W, Richie of this office investigated both 
cases- - ' • . \ 



Since items from this division last appeared in the Land Service 
Bulletin, the defendants in cases entitled "United States vs. Michael J. 
Maher, and 'United States vs. Clarence L » Hays, Jr.," in the United States 
District Court for the, Eastern District of Washington, - charged with per- 
jury, have entered pleas, of guilty and been fined ySO.OO each, both fines 
having been paid., 

On May 17, 1920, Mr. Blair E. Hoar, former Receiver of the 
United States Land Office at Lcwiston, Idaho, pleaded .guilty to an 
indictment in the United States District Court for the District of 
Idaho, charging embezzlement of Government f urids , in violation of 
Section 91, Federal Penal Code of 1910. On May 20, 1920, he was 
sentenced to eighteen months imprisonment in a Federal penitentiary 
and to pay a fine of 02662.67., This case was investigated by Special 
Agent C. W. Richie and Mr. E. S. Evans of the General Land Office. 



-11- 



One of the most. --disastrous railroad wrecks this vicinity ever 
had, occurred .near Portland, Oregon,^ on : May. 9 , 1920, resulting in nine 
deaths and .injuries to a large number- of. other persons. The wreck was 
the result of a- head-on collision ,-jdue to .failure of one' of the '% rain 
crews to comply with their orders, g&mong those instantly killed were 
Mrs. G. R< Arundell,. wif e r of.- Special -'Agent arundell, and son Robert G. 
Before her marriage Mrs. Arundell was employed at headquarters here 
as a stenographer, and prior tg_that._in the same capacity at Helena 
under her maiden name of Grace Griswold. Mr« Arundell was' himself on 
the same car with his wife and child, -but ,in the rear thereof., having 
been unable to get a seat with^them at the front.. -Consequently he 
was only slightly injured, .haying suffered bruises, of* .the head and 

. Mrs. Arundell was_ almost... devoted wife., and mother, and very 
popular with her acquaintances . ..Our sympathy -.goes out in full measure 
to the bereaved husband qnd father',. ""..'.' /..,., 

The f ollowing :is ,an excerpt f rpm' the '-Oregonian ,of May.12, 1920, 
telling of the funeral services: .„.•,•.,., . ( ..-•. ,.*. .... 

, "Funeral services .fox Q^acc-G .; Arundell . and., Robert,. G . 
. ■ ■ Arundell, wife and." little /son' of *G .. R* 'Arundell, .were," 
held 

Constant officiating. .Mrs, Morgan" Fowl e'sanp; iwo selections. 
Inte] 

Pallbearers for Mrs. Arundell were E* P. Rands, XT % H. ' 
.,. Evans, E. A. Johnson, ,H« E. ? ,.^aug^lin, J . r ,Y/,, Roland and -T .' 
Kinsell. Pallbearers for Robert Arundell were J.' 0. 'Bailey, 
0. B. Sturgis, J. XI. Kemp and D.^Smeaton." 

From Juneaui : , „■„,..„■ . ; . r . 

ihc sale of lot s' in. Petersburg ,?6wnsiie\ was conducted on May 10, 
1920. 66; lots were soid'toA't no highest bidders for,. tin' aggregate _value 
of 01365. 00. This action practically . closed put7the''gase which" has been 
pending'for about 1 1/2 years. Considering' the length .of time it .took 
to close out these townsixes under the old system, l£? months may" be con- 
sidered as very speedy actionT 




S.' ■' < 



_, .Timber Cruiser^ Carlisle is., preparing' to, leave Fairba^s' with 
the motorboat as s -soo,h as 'the ice goes, out .of" th^o "Jukon whi ch'wili ...be 
about June 12 judging -from ';'.past year§,' . "... ."..',/' ' ',.!"■ 



The Seater Addition to ^' Juneau Townsite was recently sub- 
divided by U. S. Transitman Dalquis't, final proof having recently been 
submitted by the Trustee. It is hoped that deeds will be issued to the 
lot claimants by next fall. " : " 



-12- 



The Southeast Addition *o Juneau (extorior boundaries) was 
recently surveyed by U. S. Cadastral Engineer J. Frank Warner. 



The exterior boundaries of Ketchikan Townsite was recently sur- 
d by U. S. Cadastral Engineer F. W. Williamson. 



We arc anticipating the early arrival of two new field employee: 
for which an assignment of cases has already been prepared. 



Detailed Clerk Walter 'B. Heisel will leave shortly after the 
first of June on an assignment in western Alaska and in the vicinity 
of the Government' Railwav. 



An epidemic of influenza recently struck Fairbanks, Alaska, 
and. many deaths resulted therefrom. Practically four-fifths of the 
papulation were stricken with the disease*. Timber Cruiser Carlisle 
was ill for several "days, but has recovered. 



ITEMS FROM THE FIELD SERVICE 
COURT DOCKET. 

Ten indictments returned in Missouri "against parties, resi- 
dents of Colorado and Missouri for conspiracy to defraud the United 
States and for using the mails in the promotion of a fake shale pro- 
motion scheme from which the principals arc said to have netted more 
than 0200,000 last year. The companies organized are The Western 
Validating Co., The Western O.il and Shale Land Validating Company, 
•The Oil Shale Development Corporation, The Colorado Debenture Company 
and The Continental Oil Shale Mining and Refining Company. 

Two indictments reported in Montana for mislocating entrymen. 

Two indictments in California for conspiracy under Section 
37 of the Penal Code.' 

One indictment in Idaho for embezzlement, under Section 97 
of the Penal Code. 

One conviction reported in California for forgery, Section 28 
of the Penal Code, and fine of $1, 000' paid; one conviction of same 
party for conspiracy, under Section 37,. and fine of Ol -00 imposed 
and paid. 

One conviction reported in Idaho for embezzlement, under Sec. 

-13- .. 



91 of the Penal Code, in case of R. E. Hoar, formerly Receiver, of Public 
Moneys at Lewiston, Idaho, who pleaded guilty to indictment returned 
against him November, 1919 . Sentence was imposed May 20th: 18 months 
imprisonment and fine 02,626,67. Indictment against Hoar returned in 
May goes over the term. 

On May 3, 19 20, decision of the United States Circuit Court of 
Appeals for the 9th Circuit affirmed the decision of the District Court 
against former Special. Agent Jesse C. Fain, who on April 17, 1919, was 
sentenced to 13 months in penitentiary and fined 0300.00 for making 
false claims against the United States for approval by an officer of 
the United States. 

From the Portland Telegram of May 10, 1920, under heading 
"Court Orders Pay For Oregon Lands" it appears that at 

"San Francisco, May 10th, a United States District Court 
decision directing V/illiard N. Jones to return 018,204 for 
the value of certain public lands in the Siletz Indian Reser- 
vation of Lincoln County, Oregon, which he was alleged to have 
induced the government to deed and convey to him was upheld 
by the United States Circuit Court "of Appeals' here to day. 
The Government in the original suit took exceptions to the 
manner in which the deed had been secured." 

In this case the records of the office show that Veterans' of 
the Civil War were induced to secure patents for the use of Jones, and 
suit for damages in the sum of 0133,000 was filed in Oregon on June 11, 
1912, claiming the value of the land at that time rather than the value 
of land at date patent issued which would have been between 045,000 and 
050,000. The bill ms dismissed in 1916 and in 1917 Circuit Court of 
Appeals reversed the decision of the lower court and remanded case with 
directions to over rule motion of defendant for judgment on pleadings, 

December 12, 1918, jury in Federal Judge Wolverton's Court 
awarded the Government §18, 204.98 from which the defendants appealed. 



OIL PRODUCTION AND CONSUMPTION IN THE 
UNITED STATES. 

The Secretary of the Interior, John Barton Payne, has just re- 
ceived the March oil statistics as compiled by the United States 
Geological Survey. The details of this report which is being made 
public show that there was in March an increased output of crude 
petroleum in practically every State, even the old Appalachian fields 
showing an increase of 100,000 barrels over March a year ago and 400,000 
barrels more than two years ago. "This encouraging response to high 
prices would offer more hope for the future" remarked Secretary Payne, 
"did not the consumption of oil increase much more rapidly." 

The total increase in output of the United States, wells in 
March .as compared with March 1919, is in excess of 6 million barrels, 

-14- 



a gain of 20 per cent . Yet this increased flow from our own wells was 
not enough' — 6 l/2: million barrels had to be imported from Mexico, which 
was 3 million- barrel's-' more than in the same month a year ago. And even 
■with this increase o«f 8 l/2 million barrels' available after allowing for 
increased exports to- Canada.,, there had to be 'severe drafts made upon the 
stocks of crude" oil-held by; pipe- line companies,, so that another million 
barrels of stored domestic oil was contributed to current consumption. 
A year ago, on the 'contrary, these companies" 'were adding to their stored 
reserves from exce'ss production i .-. '.. , ' 

I...'''.'.' •■ ' 1 

"According to my information," Secretary Payne states , "the Larch 
consumption of crude petroleum exceeded th.at. ; of a year ago by nearly 12 
million barrels . This, single month's record 'of' 44 million barrels means 
that the United States is .now. using more oil' each month than the whole 
world used' in the whole year of 1885., These are facts that must be faced ' 
by.'every citizen who uses^ any petroleum. product , whether fuel oil, gasoline, 
or lubricating : bil,; and these figures likewise raise 'questions of public 
policy, for' in -this 'matter of. oil. the United States is certainly living 
beyond its means ." '■, ;•■ >.„• '. '*■•"•' -j 



• : : AN ODD - JOB. .FOR UNCLE SAM . 

' • ' : ■ ■ '. - 

T.IrV- A.' 1V« Barber whose death, recently' occurred, was assigned 
to surveys m many states., "and always' liked'" fragmentary" work. One 
of the last surveys .he executed, was in Maine 'and it involved an ap- 
praisement and sale of lots . His own account, which follows-/ of this 
work shows his enjoyment of it, and is written in his characteristic 
style. Far' lack of space we leave out a. good many technical details. 
The article was prepared '.for an Engineering "Magazine : 

"Lurking unnoticed for many years among the ' innumerable 
possessions of our nation, was a bit of . public land called 
Fort Sullivan,, at , the town of Eastport, , Me . 'About"' 1886, the 
War Department pronounced it .useless for military purposes,, 
and turned' it.- over to the Interior, Department for survey and " 
' disposal- -undeT the. act" of July 5,' .1884.. In 189 '0', attention 
was directed to„it .again, and the Department' recognized the 
propriety of carrying out the provisions of said statute; and 
''the result :was, : an order directing Mr.. Barber to proceed to 
• - Eastport, survey the reservation, divide it into town lots, 
and attend to their appraisement i"' r ". ' 

"Some 'official in 1885 raised the abjection that this old 
fort-did not come within the terms of 'said law,' because, not- 
situated in any of the so-called "public-land States or, ' 
Territories." But this wa.s overruled by the Secretary's 
decision, that its purchase was in no essential respect 
different from the "Louisiana purchase"" and 'other accessions ... 
of vast areas, and that it wag subject to 'the same laws as if 
situated in Iowa or Arkansas. 

,......- '-15- ,'•/ ■ ■'■'• 



The record' shows that in 1809, the United States bought of 
Will lain Clark three acres of his rocky bluff overlooking the fishing, 
village of Eastpo'rt , on "Moose island in Passamaquoddy. Bay, . and there ,..•_. 
established" Fort Sullivan, with a: few small cannon," and the 'necessary ..• 
earthworks, barracks," and. soldiers, to defend our- frontier at . its '-most . 
eastern point. There is a' long and surprising history b-f'.its capture 
in 1814 by a British fleet, and its persistent retepiiaii by the' English 
as part of their own domain 'until 1'81B„. " ( .,'T|ii.s" was by-feaspn/of .iheir^ ■.,. 
claim as to the position of the national bouh.dary,, under ja,/4ei r JJ3ii©« 
treaty. -'■■•"• ; - ■ '.'.'• "■ "'^ ' ,'. ', 

The whole array of old barracks and other.. structures was sold-, • 
off at public auction about 1885, but the buyers '.'in many. . cas.es chose. 
to let them stand, and either, occupied them," or ' rente d ; them to .-poor- ■_, .-, 
tenants as an easy source of revenue . -As the .village grew: into a wide- 
spread and populous town, ' streets were laid out., and- homes.. erected on 
all sides, of the fort. Moreover the needy who could not afford -to buy - ; 
ground on which to build, a'l.ittle home,, often went inside of. ..the.-yague ■ 
and traditional limits" of the reservation, jio builcLand fence-,- and/ take- 
root as permanent squatters. ", ::v.:: ..... 

On October 8, 1900, Mr. Barber began his work, guided by a 
printed diagram and copies of the six original deeds, but -without a 
single corner stone, or stake, or other reference point from which to 
begin a survey. The mayor showed him the. general location, but as to. . 
actual boundary lines ha had no, advice to give although he had lived .<-:;* 
there over sixty years, ',..;■.,.. . -,./ •,.••: ..'v -;»*«: 

The title deeds, called for. .a 'i.rac.t.'. bounded by twenty-three. ;•;.,';..; 
straight lines, with as : many corners; but, there, was an interesting .':*-: f. 
state of uncertainty as to where these- old. corners had stood. , : > • 

A large amount, of preliminary ..study, inquiry r .and trial was - ; .-•.■,- 
needful to fix the twenty-three lines, cal lad, f or» .... It .was. impassible; >£.•■ 
to avoid their intersecting the Houses of. .the. trespassers..- The lines: j\ 
ran alongside of three Important streetts., zigzagged through-two smaller 
streets, and cut through 'sheds,., shops\,, hoarding, hausesy residences-, -and. 
even the large new barn of a wealthy physician. . .-./ - r . : • ,' -. : .... :. 

No aid was to. be had, from. tjh.e ; P.i-ty.. engineer?-; Cor -the town had- • 
not possessed such 'an appe.ndage... .Neither -was -there- an -accessible plat ■- 
with definite reference points., for' stre-et,- centers. -or .earners* -There .. •: 
were only the actual streets, and the garden fences denoting- their- /• 
approximate lines, which in many cases were winding to fit the ground 
or avoid cliffs. .. , • ..,,. ,.,,;i.„..; s .-, ■.-.:-:,-■: :.*•■'•/ :-:'• I :'.'.\: ;.: 

The subdivision., of . the rough; -.crag...; and its lower border into.'- 
twenty-eight separate town iot^ with a suitably avenue through the. . .: . 
whole, was made so as to. accommodate. the more; valuable, -building sj and t 
give the city a chance to secure ample r.oom.,fpr, the waterworks and-.; a ,"•... 
new high-school ground... The. lots were : mar.k© v d' -by-, : stake s.ror,. by -drill. •-; 
holes, as occasion required; and election day found McKinley Street . . 
plainly staked out between Adams and Washington. 

-16- 



From every pert of this email Gibraltar there is a delightful 
view over' the busy. city, with , eighteen great sardine canperies on its 
many wharves, with the swarm of sailing craft and steamers ,. 3 urge and 
small, plying on the blue waters of Passamaquoddy Bay, where tides 
rise and fall sometimes twenty-five. feet, beyond which the islands and 
main shore of New Brunswick and the Bay of Fundy shine clear in. the 
pure Northern air. 



Contrasting this survey, with.. all .former experiences in the 
far west and south, it is best described as .an "odd ibb." 



COMPENSATION OF REGISTERS AND RECEIVERS OF 
. UNITED. STATES .LAND. OFFICES* , -. 

As a matter of general' information as to the method of conduct 
of the fiscal affairs of '.'the. office, and in order. that local offices 
.may be". advised of .the attitude of ;t;ie Department '.'on the matter cf com- 
pensation of local officers., *w,e print /the following report of the Com- 
missioner to the Secretary 'under date, of . March- 13. 19 20'..' It is im- 
practicable, to' extend in the Bulletin the .tabulated sheets of data 
referred to in the report,. but the substance thereof may be understood 
from the totals, that have been inserted in 'parentheses and "from the 
.summaries that appear i'n .the' discussions , After consideration of this 
report, the' Secretary has recommended thV enactment of the bill sub- 
emitted- by the Commissioner with the exception of the 'first proviso. 



,,';., ; . DEPARTMENT OF THE. 'INTERIOR 

' . 'GENERAL LAND' OFFICE March 13, 1920. 

K ■ ' ■ . .... 

The ; Secretary . ' . ' ["] 

of the Interior... ' 
Sir: .'. . 

Pursuant to your direction of a few weeks ago we have given 
considerable study and consideration to th e matter of the existing 
compensation of registers and receivers' and to what, if any, charges 
are desirable by legislation, i'n '"(justice' to these' officers or for the 
benefit of the Service. 

At the .outset it. should be remarked that as a result of piece- 
meal legislation and numerous Comptroller'' s 'and Departmental decisions 
running through %i 1'ong >peri"od of years' the basis and method of computing 
compensation "of registe^3'*& , hd'' ,i recc r v<;e'rs' has beto'me complicated and not 
altogether consistent. In a study of this cfdertson we should' first' 
note the more general and fundamental prepositions that control same. 

• £2 General . 

Omitting a few exceptional cases hereinafter' referred t'o, 
registers and receivers each receive" - 



(a) A salary paid from a governmental appropriation. of 05QO per 
year, and 

(b) An allowance paid from a regular appropriation measured by 
certain allowable fees and commissions paid either by the Government or 
the entry man on land entries and selections. 

The maximum compensation received by any register or receiver 
of both salary and commissions shall not exceed $3, 000 per year. 

Fees an d Commissions . 

Primarily the fees and commissions for which registers and 
receivers receive credit on their compensation are those provided by 
Section 2238 of the Revised Statutes. This section provides certain 
specific fees to be paid, registers and receivers for certain specified 
kinds or classes of land entries or selections, and a}.so provides for 
a commission to be paid on the purchase price of the land acquired. 
As to homesteads it- should be noted that a commission is allowed on 
the cash price of the land if sold at public sale under law's now 
repealed. No purchase price as a rule is actually paid. This com- 
mission is collected from the entryman. In case of a straight cash sale, 
like a town lot for instance, where the Government actually receives the 
purchase price, the commission is not collected from the purchaser^ in 
addition to the purchase price but is paid by the Government- by appropria- 
tion. 

Referring to Section 2290 of the Revised Statutes (the homestead 
law) it is there provided that a homestead applicant shall on the making 
of certain affidavits and "on payment of five dollars, when the entry 
is of not more than eighty acres, and on payment of ten dollars, when 
the entry is for more than eighty acres, he or she shall thereupon be 
permitted to enter the amount of land specified." Such payment is 
construed as a fee," as distinguished from commission, but there is 
nothing in the law that provides for the payment or credit of such 
fee to the compensation of registers and receivers; hence under the 
homestead law the entryman pays a commission both on entry and final' 
proof which is. credited to the compensation of registers and receivers, 
and on making entry he pays a fee which the Government gets but for which 
the register and receiver do not get credit on their compensation. 

The payment of a "fee" is required in cases of mineral, coal 
and timber and stone entries but in these instances, under the law as 
construed and applied, such fees are credited to the compensation of 
registers and receivers. 

Another important feature relative to fees and commissions is that 
as a rule such moneys are retained by the Government and turned into the 
Treasury only in those cases where the entry or selection is accepted 
or allowed; where the entry or selection is rejected fees and commissions 
paid'with the application or selection are repaid to the entryman or 
selector. The exceptions to this rule are the fee of Ol0 paid by coal 
and mineral entrymen in each application for patent, the fee of y2 or 

-18- 



03 on declaratory statements, the fea of $1 for notice o'f cancellation 
and certain testimony fees'. Under the law 'these f eeo are' construed as 
"earned" regardless"' of the action taken on the case ." "'Wis point is of 
some little importance in that'-' the Government renders 'just as much 
service, in fact it usually requires more, work, in rejecting an applica- 
tion than in its allowance; of course on the other.,hand it may be argued 
that an applicant-' should .nbt'-be-rrequi-ireii'tb'pay anything' on" account cf 
,an application' for the- land 'Which he' cannot get . »*■ * ■• 

; . .•'■•- For 'm«r ( e specific-: information a-s- to'f ees' and commissions ' in' ■ 
all cases "attention is directed to pages 42 'to 52, inclusive, of Ac- 
counts Circular (No>. 616) of this office, copy herewith. 

.->.- .>-••> !..s-. ; !'"!•; - Haw - it - ¥p r&s Qy t v- > \ 

:As ,a»,.illustitati43,n.. of itfteVpractical working -.out of ' the general 
propositions hereinabove stated we submit ; herewith a 'tabulated- state- 
ment of the receipts on account of fees and commissions and the com- 
pensation of registers ''ahd receivers. in all local of fices' f or the 
fiscal year ended June 30, 1919 . « v..- r :> '' : .. ( - : 



f ; 



Explanation o,f Tabulated Data . 



Column A, "Fees and Commissions, exclusive of .Commissions on 
Cash Sales." This column means the actual amount of money paid by and 
collected J^om entry men ,and •.•ssleetors-.on account .of all -'©losses of enr 
tries.^- he^ace -it -.does, pofo; inKrlu'de; ; any commissions credited to registers 
and .receive^ on Account oj| ©ash •,§Ale-s 1 -of ^public lands ar on account' of 
cash, sales - a£ .JLndian lands^ :/(rTotal •0l,194;5.72 .10) ; i ' \ " . :■ f ;> • '■': . 

_.,.; ;V Cpium,n B_, "Home stead drees, which do* not- '.enter.- into pompensatibn 
of. R. & ; R ? " This column statesr the. amounts- of only the '05 'and' 01 0" fees 
above referred to on _account-;.o-fr);home:stead-.applic.ations. These are the 
fees which the Government- g-etsv^utf for; whic-h. Registers and receivers' get 
no credit on their compensation. ('Total $336,290.00). 

Column C^. "Fee's r ' and* C^ommis sions available- for -Payment ofR*&:'R»" 
This column; is Gplumh A 'less C*oiumn'.'.B,. and- represent s : fees, and commissions 
that are credited* on compensation 'of, registers - and receivers but- does not 
include the- commissions 'which tl|e registers and receivers --get onacocunt 
of cash sales "-of ''Indian and public lands 1 (Total 0808,282.10)* 

^,/ t . Column fj,. "Two .per cent. Commissions on Cash Sales of , Indian--.- 
Lands." 'This column is merely for.. the ..purpose -of segregating .the- com- 
missions' on cash sale's of Indian, "j^nds/from the commis si png -on ptha#:' 
•cash sales. The registers, an d^receivers get credit for this -two per*-,: 
cent in all cases though it is' riot "collected from t the entryman; in some 
cases the amount credited to the register and receiver comes out of 
Indian moneys and in some cases out of the Government appropriation, 
depending upon the provisions of the- Indian act under which the sales 
are made. (Total 023, 248.01). 

Column E, "Fees and Commissions available for payment to R< & R., 

-19- 



without expense to Government ." This is simply Column C plus Column 
D. (Total 0831,5^O.H). 

Column F; "Two per cent Commissions on Cash Sales of Public 
Lands*" This represents the cases where the Government I actually, gets 
the price and in effect pays the commissi oh but of , what;: it" gets .'„• 
(Total 030,281.82),.^- i ■ ■'■ ; ',y.;^, "..•.•• ' . - '■- - y u ', l\ '"' '* . y, ''' : ~ '-'■''-'] ,. 

;..,.'>'. Column G,,.., Total" Eees" an.ci, Commissions' available "for Payment 
. to : -Pl'.;.4 vRi;'i : f ro*m ail. Soure'e'^V ' " This., includes' al}/ fees ;ahd : commii9^ions, 
" whether collected .f ro.ra.:'.th'e' ; 'erttryman ox: pald';by;;|he .Qo.te.r,«KlQnt',_ which 
may -be credited t,6,corapehsStio.n,'pf. regist^rd'and ,r,eeeivrers ; ; lii-'other 1 
words-it is the v .^'um.C(f; Columns C, D and F.'iTbtkl '0861, 811*93} . 

Column H, "Fees and <Joimi&sjiq8Sn]&ai& v -'R..' & 1 \R* 1 ',;:'-¥foe8§ 2 £$$"£h$ 
fees and commissions. .for ^hich thej^re&ist^^s .arid ^ec eaters actually 
receive: Sriedit and -.payment, subject. _foo* the ^limit'ation of a total com- 
pensation 1 ' of Vagaries and f feti-s arid, commissions of not exceeding 03,000 
per year. (Total 5362,934.000) .«...,•;; i ,■•. '£s. : . 

• • Column I, "Salaries paid JU A ,:R ." This "explains it self .(Total 

095,333.32),. ...,.., ..■■.-.:-■■< > " : ' ''r^'. ,.'. ' ,.- :■--■ ' •-''•"■ .'..;_■.. •-. } '■'■".,""-.,'• lW ;i 

'Column' J , ; -"total Compensation^ '■&£• '■&• £''R •'.;." th^-t^is'to ''say', 
salary plus allowable fees -a : rid cbmmiss4.'bri&"- up i to the 03, 000 limit, 
(Tota|..0458\2'6 t r.32') . ' 

Column K, "Excg&s .'. ef • 'Fees ""and Commission^(dxcJ.'usiv s e o^Hom'e*-- '' 
stead Fees and Commissions on Cach ; , Sale's 7 'of Pubiic'-La^dsj eyVr./the. t ■•• fV "' 
amount paid R, &-R>" .^This- represents .the' fees' 'and. oQiiimiseibtts'.^c- •,•.■'••. '•• 
tually/ collect ed from entrymeri which .-wtmi d;c6ri.stitut>'i;irowa^le c . ,cre,dit 
on. compensation of registers and receivers' -were £fc : -no*' f&r 'th e^, ,y^,-.po.O' 
limitation, hence it-does not' .'includj?.. the homestead if.e.esui^* Commissions 
on, sales of Indian- lands' ar'e^Vinpiudfed;.in : tnis*' column, for the .reason 
that, generally they come' 'from "Indian moneys and arej.-^'d't < a charge on . ."'. \* 
the Government appropriation. i (TGta^.v043f7V384'.54), T . ; ;|'.o' "-';' l '^^.S,'.\. \ "•"' 

v> ;•_•:: Column L,' "Exces s- of" Amount 'rpaSJdt'R. ''<5;.''R'. . over/: $ e' e^ &rid .Com- , ' : - 
miss^qn&i actually earned, •''iri'cl.ir ding ~?aoiJ^'s'si6As;,, 1 o'n,;ca i sh "seizes of public 
lands ." •This column should' b.eVoongidered 'in' connection with. Column K, 
for, the reason that it. shows' the wide discrepancy. 'inv the ^e^Tn3fcrig.s->.0nd ; - ; \' 
cost of maintenance of the r di£f:e^e;n1ir.;ctff4c^^^ •'• 

■■■,: '-Columri V, represents' \ he ~offices' v .'in^w^ic^-t^e-'fi'Ove'^n^ehV.hass to. •' 
pay- .out'- more than v i$ .-.gets —while Cpliamh.K '" shpwa the offices arid amounts 
which the Gbverriment, ; gete--ov8^' , ,and j ^bove what it has to pay ;out..- Bjith 
Coli^n S K 'and Column, L-'kre 1 4&& 'difference between Cplumri : F arid 'Colisfran 'J-; " ;; 
where E exceeds 3 the' difference g^e^-lU'I/' and. where 3' exceeds E the-' 
difference goes in &.;.; '. '■"■ l '-\ \... ; v'V."'. -""' ' "'"' \„ C-\ v/t ••* '" , ' " .. ',.-.; - ' ; ' • ' ? '/ 



*:i.q 



-ZQ*J- 



o>- 



. v.'--"- 



1 ' Analysis of Tabulated Dai a . 

From the tabulated statement above described the following 
facts, appear: 

Of the total of 90 offices therein itemized (4 offices have 
since been discontinued!) 51 are maximum, that is to say, the register 
and receiver each received compensation on a basis of 03,000 per year. 
In 8 offices they received' $2,500 or more but less than 03,000; in 10 
offices they received 02, 000 or more but less than 02,500; in 10 offices 
they received Ol,500 or more but less than 02,000; and in 19 offices they 
received less than Ol,500. 

2. The Government paid a total compensation of salaries, fees 
and commissions to all registers and receivers of 0458,267.32, but the 
Government collected in fees and commissions from entrymen and selectors 
the sum of $1,194,572.10, or an 'excess of 0736,304,78. 

3. The Government collected as fees in homestead cases which 
are not credited On compensation at all, the sums of 0386,290. 

4. The Government incurred a possible liability for commissions 
not-'collected from the purchaser to the extent of 030,281.82. It is im- 
possible to tell how much of this was an actual liability, because of the 
v3,000 limitation. It would necessarily be a total liability only as to 
minimum Offices. 

5. Considering only the compensation paid registers and re- 
ceivers as salaries and allowable fees and commissions, the Government 
conducted 40 offices at a profit, so to speak, and 58 offices at a loss; 
the profit in the former being 0437,384.54 and the loss on the latter, 
054,121.75. But if homestead fees, not allowable, be included, the 
Government made a, total profit of 0736,304.78, as above stated. It 
should be , remembered however, that the Government also makes an ap- 
propriation for clerk hire and contingent ex p enses of local land of- 
fices; 'there was paid from this appropriation for such purposes during 
the fiscal year 1919, the sum of 0322,724.76, exclusive of the current 
bonus., leaving an approximate net profit to the Government as between 
total : amount paid out for conduct of the offices and total amount of 
fees and commissions (not purchase price) actually collected from land 
entrymen, the sum of 0413,580.02. 

To avoid confusion, or misunderstanding, it should be here 
remarked that in speaking of "profit" in the last preceding paragraph 
we are referring only to the cost of the conduct of local land offices 
and not the entire cost of maintenance of the land service; the appro- 
priation for the Washington office, 0672,790; for offices of surveyors 
general, 0213,660; for field surveying, 0700,000; and for the field 
service, 0500,000, are not here considered. On the ether hand, the 
above items of income include only fees and commissions and not the 
purchase price of the lands, nor is any reference msde to certain other 
sourc-es of income from the land service. Considering all items of in- 
come and expense, reference to the annual report of this office for 

-21- 



the yeaSr 1919 shows a gross income from all sources of 04,303,674*20 and 
a gross expense of $3, 026 .,554 ,46, leaving a net surplus of 01,277,119.74 

of receipts over expenditures . 

There is a limited amount which the Government indirectly loses 
in minim i in offices as a result of the operation of the repayment lows, 
but this amount is so small and indeterminate as to be considered negli- 
gible in this connection* 

Con sid erations neb Appearing in Tabulated Data . 

As a result of the enactment of a number of new lard laws in 
which no provision has been made for fees or commissions, there is a 
considerable amount of husiness being transacted' through local offices 
for which service registers and receivers get no credit on their com- 
pensation, and which service the public gets for nothing,, An illustra- 
tion of this is the act of October 2, 19.17 (40 Siat„, 297), providing 
for permits and leases for development of mining of potash. Many appli- 
cations for permits have been maris under this. act. They involve large 
areas and a consequent large" amount o.f work to check and act on same, 
both in the local offices and in the General Land Office. No sub- 
stantial reason is seen why the beneficiaries under such a law should 
not pay a reasonable charge fcr the service rendered, the same as a 
homesteader. , who as a ru*.e is probably less able to pay that those 
engaged in the development of potash. 

Another material feature is that fees and commissions are 'paid 
on what might be considered new business; that is to say, on business 
which consists of making new filings cm the land and final proofs 
ihe-recn to acquire title. Registers and receivers get no credit on 
their oompensat urn 'f cr giving information or answering thousands of 
letters of inquiry or. making search and examination of records to 
correct old titles. Neither do they get any credit for the examina- 
tion of the records and rendering decisions in contest cases. This 
condition is particularly noticeable in the older offices, or the last 
office in a State, where the local officers will do a large amount of ' 
work in the way of co^recxing old titles and furnishing the public in- 
formation for which they get no credit whatever en their compensation. 
As illustration of this is the land office at Baton Rouge, Louisiana, 
which constantly employs the services of the regi?te v and receiver 
and three clerks, yet the register and receiver received during the 
fiscal year 1919 a compensation of less than $2,000 each, whereas 
Eva.nston, Wyoming, with only one clerk most of the time, is better 
than maximum; and Miles Oit/, Montana, with six. clerks, takes in 
s,>43 y 916., 43 of excess allowable fees and commissions,. While good 
administration requires that all unnecessary offices be abolished, 
it is also apparent, that whore it is 'necessary to maintain these small 
offices for the benefit, of tie public and to close up the land business 
of the State, the officers who handle the business are justly entitled 
to a living compensation. ■ • 

Still another matter that should net be overlooked in this 
connection, is thax of .salaries paid, clerks in local offices. Up to 

-22- 



1914 we found no difficulty in recruiting this force frith stenographers 
and young land lav; clerks at an entrance salary of 09 00, and, with a 
few' exceptions, the highest salary now paid is ;)l,500, the average for 
1919 being Ol210 ; and none, outside of Alaska, receives more than $1,620, 
with the current bonus added. Under present condition those' salaries 
are too low to recruit and retain an efficient force in local offices. 
Principal clerks in local offices must have a wide knowledge of land lav/ 
and practice, as they are handling all classes of land business, and 
clerks without experience, except for mere stenographic work, are of 
little value. The new leasing law will add materially to the work of 
several local offices. 

A very material consideration in this connection is the effect 
of any change that may be made on the grants to States of 2, 3 and 
5 per cent of net proceeds of sales of public lands within their 
borders and on the Reclamation Fund, 

The so-called 2, 3 and 5 per cent State funds are figured 
on the moneys actually received from cash sales of public lands, 
after the deduction from the gross proceeds of such sales, repayments 
and the proportionate cost of administration of loca}. offices for the 
purpose of handling the business connected with such sales, as com- 
pared with the total business handled. It is apparent that such rule 
of computation is more easily stated than carried out. The total 
amount thus paid for the fiscal year 1913 was 085,043.47. As new 
land laws have gradually supplanted cash sales the amount received 
by the States has gradually decreased. The aggregate paid to all public 
land States up to June 30, 1918, amounted to 016,654,068. The changes 
hereinafter recommended would have little effect on these grants to 
the States. 

The Reclamation Fund is made up of the net proceeds from the 
sale and disposal of public lands, "including the surplus of fees and 
commissions in excess of allowances to registers and receivers." To 
determine the net proceeds for this purpose, from the gross proceeds 
are deducted, first, the amount paid to the States, as per last pre- 
ceding paragraph; second, repayments; and third, fees and commissions 
(not the 0500 salary) ineffect actually paid to registers and receivers. 
Sontingent expenses of local land offices are not deducted from the 
receipts in computing the Reclamation Fund. 

Conclusions . 

The premises considered, it is recommended that legislation 
be favorably reported to Congress to accomplish the following purposes: 

1. That no register or receiver shall receive a total 
compensation at a rate less than 02,000 per annum; that is to say, 
where the salary and allowable fees and commissions amount to less than 
S2,000 the difference shall be made up from the appropriation for salaries 
and commissions of registers and receivers. 

2. That the fees paid with homestead applications be credited 

-23- 



to the compensation of registers and receivers. 

3. That the fees paid with homestead applications be retained 
by the Government and considered "earned" whether the application is 
allowed or rejected, except in case of simultaneous applications. 

4. That in the case, -of any application, filing, entry or 
selection provided for by lav; but in which the act providing 'therefor or 
other general act makes no provision for any fee or commissi <).n ? the 
Commissioner of the General Land Office, with the approval of the 
Secretary of the Interior^ shall be authorized to fix a feu and cause 
same to be collected, such fee to be retained by the Goverrmert and 
considered as "earned" in. all cases, and same to be credited on compen- 
sation of registers and receivers. 

It will be noted that the above recommendations necessitate 
certain additional expense to the Government but also provide for 
certain additional income, which, of course, raises the question of how 
the above recommendations would work out in actual practice * Leaving 
out of consideration. the additional fees which the Department would be 
authorized to fix and collect, a close approximation of how the above 
recommendations would have worked out in actual practice during the 
fiscal year 1919 is shown in detail in a tabulated statement herewith 
submitted, which may be summarized as follows: 

There would have been an additional income from fees on rejected 
and withdrawn homestead applications of approximately 0200,000, against 
which there would have been an additional expense of 047,566.69, by 
reason of crediting homestead fees on the compensation of registers and 
receivers, up to the 03,000 limit, and of 021,478.29 by' reason of a 
minimum compensation for registers and receivers of 02,000 each, a 
total additional expense of 069,044.98, leaving a credit balance in 
favor of the above recommendations of 0130,955.02. But the item of 
0200,000 of returned homestead fees and commissions for 1919 is undoubt- 
edly excessive as compared with ordinary years, because of the unusual 
situation existing as a result of suspended stock raising applications, 
hence, to be conservative, let us assume that the additiona.1 income 
would only equal the additional expense. These estimates are ex- 
clusive of additional co.st for clerk hire, as that must be met in any 
case if local officers are to continue on an efficient basis under 
existing economic conditions. 

Based on the above figures, in 65 offices registers and receivers 
would have received the maximum compensation of 03,000 each, as against 
51 under the existing method of measuring their compensation; in 6 
offices they would have received 02,500 or more but less than 03,000, as 
against 8 offices in which they did receive such amounts; in 9 offices 
they would have received more than 02,000 but less than 02,500 as 
against 10 offices in which they did receive such amounts; and in 16 
offices they would have received, the minimum of 02,000 each, as against 
29 offices in which they received less than 02,000 under existing con- 
ditions. 

• -24- 



The registers and receivers- at ••tho: tK.-S . land offices at 
Fairbanks and Nome, Alaska, would not have been affected by the pro- 
vision for a minimum compensation of 02,000, as they are but ex- 
officio registers and receivers and. receive salaries from other sources. 

According to .the. above figures the Reclamation Fun d'. would: have 
benef it'ed.. to the extent of approximately $r6270Q0,as $196,000 of the 
■ 200,000 on account of additional fees on homestead applications would 
have come from the 16 Reclamation Fund States, while but 034,000 would 
have been charged against the additional amount because of crediting 
such fees on the compensation of registers and receivers; and if the 
item of 0200,000 was muph reduced the Reclamation Fund v/ould still be 
benefited. ' 

Consolidatio n of Offices of Register 
and Receiver . 

You have received recent inquiries as to the practicability 
of consolidating the duties and responsibilities of registers and 
receivers. in. one officer, with a view to a-more economic, administration 
of the land service, if.it can be done without impairment of efficiency. 
The result of such a change is more or less preb§tional and can only be 
approximated. The register is considered the administrative head of 
the office and the receiver the fiscal head, though <^-h all affirmative 
action that is taken o.n land cases both officers have to act jointly, 
which" results in an 'office with two. heads., which in turn does not always 
result in harmonious, action. Both are bonded officers and the receivers 
in the larger .offices are responsible for the handling of large sums' of 
money made up of many items, to be accounted, for in various ways- 
It is believed that the majority of registers and receivers 
give their full time and best effort to the work, of their offices; this' 
means simply that, the elimination of one of these officers would necessi- 
tate the employment of at least one additional clerk, though perhaps 
at a somewhat less cost to the Government,, In other cases no additional 
clerk v/ould be. required. If this consolidation were made. it. would be al- 
most absolutely necessary to provide f or a bonded clerk to- handle the 
moneys inthe absence of the head officer and to act on official matters 
in his absence or incapacity. One of the defects of the present syst'om 
of joint action is that wEiere a vacancy occurs in one of the offices, 
or ohe of the officers .is ..incapacitated tc act, the -whole, public land 
business in that district, so far as any. affirmative action is concerned, 
is practically all suspended,, to the. detriment, of .the 1 service and dis- 
advantage of the. public affected. On the whole I am rather of the i 
opinion that the consolidation' of the duties of these offices is one 
officer v/ould result in a material saving to the Government and. in. im- . 
proved efficiency. As registers, and receivers are. appointed for a 
term of four years and are required to reside at-. the place where their/ 
offices are located, and. as many of .them have doubtless separated them- 
selves from other business and gone to the expense of moving to accept 
such positions, I do not think the consolidation should be effected in 
particular cases until the term of r at least one of the. off icers.has 



expired. Moreover, the change would thus be brought about gradually 
with less dislocation 'of the service than if brought about all at. onne 

I submit herewith a draft of an appropriate bill to carry the 
above recommendations into effect; an additions'.! section consoli-Viii-ig 
the offices of register and receiver is also submitted for use if de- 
sired. 

.Very respectfully, 

CLAY TALLMAN,. 

Commissioner . 



DRAFT .OF PROPOSED BILL. 

Be it e n act ed by th e Senate arid ;Houss_ of i Re p resentat ives of 
the Unit e d S tates of Ame rica in Cen^rese assembled, That the fees 
of five dollars and ten dollars paid with homestead applications 
under the provisions of section 2290 of the United States Revised 
Statutes shall be allowed to registers and receivers of United States 
land offices as part of their compensation under the same conditions 
as other fees allcwed them by law; and where there is no provision 
for collecting any fee or commission on an application, filing, entry, 
or selection provided for by law, the Commissioner of the General Land 
Office, with the approval of the Secretary of the Interior, ,. is hereby 
authorized to fix a fee and cause same to be collected, which fee shall 
also be allowed to registers and receivers as part of their compensation; 
Prcv ide_d, That all fees hereafter paid shall be deposited in the Treasury 
as earned and not subject to return or repayment, regardless of the action 
taken on the application, filing, entry, or selection, except in case 
of simultaneous applications for the same land, when the fee shall be 
retained only for the application-' that is allowed ; ' Proy 1 ded . further . 
That hereafter the compensation of registers and receivers shall be 
not less than two' thousand dollars each per annum, and in cases 
where such compensation would otherwise be less than two thousand 
dollars the salary of five hundred dollars, now provided by lav/ shall 
be increased to an amount sufficient to make a total compensati&n 
of two thousand dollars. . 

Sec, 2. Upon the expiration of the term of office of 
either the register or receiver of a United States land 
office the President is authorized to abolish the office of 
receiver of public moneys thereof and to appoint by and with 
the advice and consent of the Senate a register for such 
office, whereupon ail the powers, duti^gs, obligations, and . 
penalties imposed by law upon both the register and receiver of 
said of f ice shall be exercised by and imposed upon the register,, 
whose compensation shall be a salary of five hundred dollars per 
annum and all fees and commissions now allowed by law to both reg- 
ister and receiver, but the salary, fees and commissions of su.ch reg- 
ister shall not exceed three thousand .dollars per annum; Provided , 

-2£r 



That when the office of receiver of public moneys of 4 ."United States 
land office is abolished" the Commissioner of the General Land Of fico 
shall appoint or designate a clerk in such office to act as register 
in the absence or incapacity, of ' the register or during a vacancy in 
the office of register. 



'_' f : • • ■• RESTORATION AMD 0PENGIN3. " " . 

NEW LEXICO: • '■■•■' '"'■: ■ ■' . .•-». '::■'. 

nbout 6,556 acres in Socorro County, Las Cruccs land ! district, 
restored from Stock Driveway Withdrawal j opened to homestead entry and 
desert-land entry, 'where surveyed, oh June 25', I9"2oy at 9 a.m., only to 
ex-service mem of' the- World War (subject,, however, to p-rio'r. existing. - ..' 
valid settlement rights and preference' rights)^ filing's- may be' presented 
during the twenty days prior to that date. All of the lands which remain 
unentered will be opened to settlement and all proper forms of entry, 
selection and location by the general public ■■ on August 26, 1920, at 
9 a.m. The lands are generally mountainous and grazing in character, 
and 1,020 acres thereof have been designated under the Enlarged Home- 
stead Law* ...... ;. -■;-;.; ' 



MONTANA: ^ . •''-■' ~- .■..',.«"•'•.., ,-■.'-- 

About 21 farm units within the Milk River Project, Montana,'* will 
be open to homestead' entry only, under the reclamation act, at the district 
land office at Glasgow, to- qualified persons holding- approved water-rental 
applications on and after 9 a.m. April 30, 1920. Water-rental applica- 
tions may be filed with the project manage r'^ U.'S-'. Reclamation Service, 
at Malta, Montana, within a period of six- days beginning April 2% 19.20, 
and continuing to and including 9 a.m. April 30^ 19 20v ; -'--All« such water- 
rental applications are required to be for a specified 'farm' unit , and ' 
must be accompanied by the initial water-rental ''payment of $3 for each 
irrigable acre in the farm unit .' '• Under the terms of Public Resolution 
No. 29 the dates above mentioned are applicable' onlv-to qualified ex- 
service men of the World'War '. The Opening to the general public of any 
.lands which may remain unentered will be on and after June 30,. 1920. 

■' -' .^-. '• « , /•:• k H ;• . ■ 

OREGON: 

About 17,400 acres in The Dalles* land district,'" 'formerly with- 
drawn .for 'Indian purposes, open to homestead or desert land entry by ex- 
service men: of the War with Germany from : 9 a.m. June 21y ■1920, to; August 
19, 192Q, inclusive, filings may be presented- during -the' 20" days prior to 
June 21, 1920; at "9 a.m. 'August 20,' 1920. the-' lands which remain unentered 
will become subject to general entry; and' at 9 a.m.' August 27, 1920, the 
remaining lands will become" subject 'to general homestead -settlement. 

WASHINGTON:' -- '• '" 1 - '•'' ' •-' "- ■■* 

Approximately ' 2,175 acres of land- reclassified 'as. non- 
mineral grazing lands within the South half of the former Colville Indian 
Reservation, in Spokane land district; ""open only to homestead entry by 
ex-service men of the World War ■ from 9 a.m.' Illune' 21 to August 19., 19'20, 
inclusive, filings may be presented during the 20 days prior to.' June 21, 

-■ - ' -27- .; ';.- •- • - f 



19 20; at 9 a.m. August 20, 19 20, the lands which remain unentered will 
become subject to general entry; and at 9 a.m. August 27, 19 20, the re- 
maining lands will become subject to general homestead settlement. The 
price of said land ranges from 45 cents to 02.25 per acre. 

SALE OF ABANDONED MILITARY RESERVATION. 

ARIZOHAi 

By regulations of April 19, 1920, provision is made for' the sale 
at public auction for cash, commencing at 10 a.m., June 6, 1920, at 
Willcox, Arizona, of the vacant lands in the Abandoned Fort Grant Mili- 
tary Reservation, under the provisions of the Act of July 5, 1884 (23 
Stat., 103) . 

The lands to be sold embrace 8,008.13 acres in Ts. 9 and. 10 S., 
Rs. 23 and 24 E., G. & S. R. M., appraised at 016,568.42, the prices 
ranging from Ol -25 to $3.00 per acre. 



SALE OF ABANDONED MILITARY RESERVATION, 
BATTON ISLAND, FLORIDA. 

The Abandoned Military Reservation at Batton Island, Florida, 
embracing 1110.49 acres, appraised at 05,877*9 4, shown as legal sub- 
divisions on the plats of survey of T. 1 S,, Rs. 28 and 29 E., 
Tallahassee Meridian, approved February 26, 1918, was offered at public 
sale for cash by regulations of February 21, 1920 (Circular 668), 
under the Act of July 5, 1884 (23 Stat., 103). 

The sale was held at Jacksonville, Florida, under the supervi- 
sion of the Register' of the U. S. Land Office at Gainesville, commenc- 
ing at 10 a.m., May 10, 1920. The Register first asked for bids for the 
entire tract, but receiving no bids offered the lands by legal subdi- 
visions, resulting in the sale of but 821.15 acres at a price of 0509.30, 
which was very little more than the appraised price of the tracts sold, 
the appraised price being 0507.04. There was very little competition 
as the parties bidding appeared to want only lots adjoining tracts 
already owned by them. There was no bidding on the second day of the 
offering, May 11, 1920, on which day the Register returned to Gainesville. 

The said Act of July 5, 1884, under which the sale was conducted, 
provides that any lands remaining unsold after the first offering may 
be reoffered for sale in like manner at any subsequent time, in the 
discretion of the Secretary of the Interior, and if not sold at the 
second offering for want of bidders, then the Secretary of the Interior 
may sell the same at private sale, for cash, at not Iss than the ap- 
praised value, nor less than 0l»25 per acre. 

The lands will be reoffered at public sale at some subsequent 
time when conditions seem to warrant such offering. 

The lands sold were for the most part appraised at $1*25 per 
acre, there being but one lot sold having a higher 'appraisement , such 
lot having been appraised at 05 »00 per acre. 

It seems surprising that this sale attracted so little interest 
in view of the fact that the report of the appraisers indicates that 
some of the unsold lots contain valuable shell deposits, fair building 
sites, and valuable frontage on St .Johns River. 

-?8- 



MONONGAHELA NATIONAL FOREST. 

By proclamation of the President of April 28 „ 1920, the 
Monongahela National Forest in Virginia and West Virginia was established 
under the Act of March 1, 1911 (36 Stat., 961), generally known as the 
' M .,'eeks Law." About 46,000 acres of the area designated on the diagram 
forming a part Of said proclamation have been purchased by the govern- 
ment, and 32,000 acres thereof are under consideration with a view to 
purchase. 

WITHDRAWAL OF CERTAIN UTAH LANDS - INSTRUCTIONS. 

May 25, 1920 . 

Register aad Receiver, 

Salt Lake City, Utah. 
Sirs : 

I am inclosing herewith a copy of an Executive Order (No. 3271) 
signed by the President May 11, 1920, withdrawing in blanket all public 
lands, if there be any, whether surveyed or unsurveyed, in T, 8 N», Rs . 
2, 3, and 4 ¥., and in T. 9 N., R. 4 W., Utah, except those lands in T. 
8 N.„ R. 2 W. the disposition of which was authorized by an Act of 
Congress approved April 15, 1920 (Public No. 177) viz., certain un- 
surveved lands opposite Sees. 10, 15, 22 and 27, lying between the 
meander line as shown on the plat approved September 12, 1856, and 
the true shore line of Great Salt Lake as it then existed. The sur- 
vey of the lands referred to in Public No. 177 is yet to be made. 

The above referred to withdrawal was made pursuant to the pro- 
visions of the Act of June 25, 1910 (36 Stat,, 847), as amended by the 
Act of August 24, 1912 (37 Stat., 497), and is, therefore, ' sub j ect to 
all of the provisions, limitations, exceptions and conditions of those acts 

You will cause appropriate notations to be placed upon your 
records and report to this office as soon as the same shall have been 
done . 

Very respectfully, 

CLAY TALLMAN, 

Commissioner . 



EXECUTIVE ORDER 

WITHDRAWING CERTAIN PUBLIC LANDS IN BOX ELDER COUNTY, UTAH. 

In order to adjust disputes or claims of patentees against the 
United States, and among themselves, arising from alleged incomplete 
or erroneous surveys, it is hereby ordered that the public lands, 

-29- 



whether surveyed or unsurveyed, within Township 8 N., Ranges 2, 3 and 
4 W. f and within Township 9 N., R. 4 ¥*", Salt Lake Meridian, Box Elder 
County, Utah, he, and the same are, hereby temporarily withdrawn from 
settlement, location, sale or entry, pursuant to the authority xonf erred 
by and subject to all the provisions, limitations, .' exceptions, and' con- 
ditions of the Act of Congress, approved June 25, 1910' ("36 Stat,., 847), 
entitled "An Act to authorize the President of the United States to 
make withdrawals of public lands in certain case's/' as amended by the 
Act of Congress approved August 24, 1912 (37 Stat*, 497)"; S^v^HejJ", 
however, that this withdrawal shall not include or in any wise affect 
the status of any of those unsurveyed public lands in Sections ten, 
fifteen, twenty-two • and twenty-*? even,, Township 8 N», P., 2 WV, the 
disposition of "which to certain occupants is authorized by an Act of 
Congress approved April 15, 1920 (Public No. 177) . 



W00DR0W WILSON 



THE WHITE HOUSE, 

11 May, 1920. (No. 3271.) 



RETURNS OF MONEYS ON WITHDRAWALS OR APPLICATIONS TO MAKE 
ENTRY OR PROOF, AS TO DISPOSITION OF MONEYS. ■ 

In reply please refer to Circular No. 69 3. 

DEPARTMENT OF THE INTERIOR. . 
• ' GENERAL LAND OFFICE 

WASHINGTON May 17, 1920. 

Registers and Receivers, 

U. S. Land Offices. ." 
Sirs: 

Hereafter in transmitting withdrawals under. Circular No. 621, 
you should return by your official check, all moneys returnable" under 
paragraph 85, Circular 615. and,, in every instance, note on withdrawals, 
in the lower lefthand corner,' with pen and ink or rubber stamp, the 
amount, check number and date. 

Very respectfully, 

CM .BRUCE, 

Assistant Commissioner. 



-30- 



RELATIVE TO REPORT OF PROPERTY ON HAND. 
In reply refer to Circular No. 694. 

DEPARTMENT OF THE INTERIOR 
GENERAL LAND OFFICE 

WASHINGTON May 17, 1920. 

Registers and Receivers, 
U. S. Surveyors General, 
Chiefs of Field Division, 
Supervisor of Surveys, 

Assistant Supervisor of Surveys. 
Gentlemen: '■';■.- 

Regulations require that each subordinate office of this 
Bureau submit a.prop.erty report at the end of each fiscal year sho?/ing 
all government property., and 'records- On : h-and as of the date on which 
the report is submitted. This report must not be made a perfunctory 
matter as officers in charge of local offices are held strictly ac- 
countable. f..or all. government property in their respective offices. 

However, it is noted that a number of the local offices 
have been failing to comply strictly with these regulations. 

You are hereby directed to. submit, without fail , on June 
30, 1920, and at the end of each succeeding fiscal year, a property 
report on Form 4-234, showing all government property and records 
.on hand as of the date of the report. 

Offices in federal buildings will designate which fur- 
niture and equipment is furnished by the Treasury Department and 
which is the property of the Interior. Department. 

Very respectfully, 

.CLAY TALLMAN, 

Commissioner . 



-31- 



INSTRUCTIONS.. RELATING. TO PETITIONS FOR' DESIGNATION OF LANDS 
UNDER THE STOCK-RAISING HOMESTEAD LAW. 

Circular No* 697 



DEPARTMENT OF THE . INTERIOR 
GENERAL LAND OFFICE 

Washington May 26, 1920, 



Registers and Receivers, 

United States Land Offices. 



birs : 



The present procedure in handling petitions for the designa- 
tion of lands under the stock-raising law is not entirely satisfactory 
and in order, that there 'may be more cooperation hi-the.work relating 
thereto between your office, this office and the Geological Survey and 
to facilitate the action on such petitions, the following instructions 
are given to be effective beginning July 1, .1920, and regulations in. 
conflict herewith will not be followed after that date* 

!• When applications to enter land under the stock-raising 
act are filed in your office, together with petitions, for designation 
of the lands in duplicate, you will note on each paper filed the date 
of the filing thereof, compare the petitions with the applications as; 
to serial numbers and the .description of the lands involved. The fac- 
ing sheet to be attached tpeach petition .as heretofore, should be made- 
from the application and petitions, , the greatest care being used to have 
it state correctly the serial numbers of each application and entry and 
the description of the lands in each by parts of sections, township and 
range * ..■....■ ■ ■ ■■■ 

2, Instead of forwarding the petitions in duplicate to this 
office, you will, at the end of the month in which filed, send the du- 
plicate petitions with facing sheets in each case direct to the Director, 
U.S.Geological Survey, Washington, D.C, noting on the original petition 
which will be forwarded to this office with your monthly returns as here- 
tofore, a statement as follows: "Duplicate petition to Geological Survey", 
giving date thereof. The applications to enter will be held by you as 
heretofore until you are advised of the designation of the lands through 
this office. In cases of applications to mo.ke second homestead entries 
and applications to amend, of course, the applications themselves should 
be forwarded to this office with the original petition for designation, 
the duplicate petition and facing sheet having been sent to the Geologi- 
cal Survey as above stated. 

3* Before transmitting petitions for designation to this of- 
fice and to the Geological Survey under these instructions, you will .care- 
fully examine your records to determine whether or not the lands applied 
for have been designated* If so, you should proceed to act upon the ap- 
plication to enter and the petition should not be forwarded to the Geological 



-32- 



Survey,, but shcml'd 'be attached to the application to rn^ke' entry and for- 
warded to this office after appropriate action has been taken by you* 

4, Because of the fact that 'many applications are pending in 
your offices involving the ; designation of. lands under the stock-raising 
law, of which the Geological 'Survey has no .record, and because of the. 
withdrawal, or final closing 'out ' pj^. cases, petitions in which have been 
sent the Geological Survey and no notice given of such withdrawal or 
-closing, it is contemplated that registers and^ receivers will be called 
upon at least twiceevery year for a list. of all stock- raising applica- 
tions in their suspended, files; .your' records should therefore- be so- kept 
as to enable you to furnish this data when called upon with the least 
possible trouble and expenditure of time* Said semi-annual calls *will 
„be nade^ probably about November 1 and. May 1 of each year. Such list 
will contain the serial numbers and the names Of t&e applicants* 

r , t> _. ., 5. Protests as, to the, character of the land in stock-raising 
applications and stock-raising entries received 1 in your office should be 
sent "'direct- to the .Director, U^Geotogicir Survey, for consideration and 
report to this' office* ' , 



Very ' respectfully , 



v< - 



•clay'tauman, 

■ ; Commissioner* 



Approved: May 26, 19j2Q * 



ALEXANDER- T ; . VOGELSANG, .. ., 

•••First; Assistant Secretary* 



>'% ■ > 



:.'.'...• 



*'• 



!.■.-. t: ■■■: :i.\' \: 5 -. riif.- ■ t: \ ; ''■'■ 

:i ;'..■■ .' t ' '•. --■ } :' - '.'<? u'. :\ : ' ■ h 

■ i.: ' ■..■..' ,,, . ' 'v i '. :. r- ,"• ' . . ' 






-33- 



-EXTENSIONS OF TIME ' FOR ■ PAYMENTS TO HOMESTEADERS ON SOUTH 
.',; ;''HAEF OF .-FORMER COLVILLE INDIAN RESERVATION, '' : " "■"-:. 
'... .:/'. : ^ : - "•■*.': •• „'V. 7' "' ■'WASHINGTON,, ".■.•>;. - 



>• 4 



^V 



"I, 



Circular No* 698 ■' 



DEPARTMENT- OF ' THE INTERIOR" 



TOEBALtIAND OFFICE 
"'-Washington "• ' .'' ! ; May 26, 1920» 



Registers and Re.cei.vers, • ■ -'•?> .;...-, ''.' < ' '' -'•'■' ? :/w .-•'■;'..' 
United States Land Off ides*' "': ' ' '' " .■.'/' ■>V <^,;i,r>^; 
Spokane and Waterville, Washington*^, . '"'•■; ...;..-, 
Sirs.; . . , :: ■' • ,,: h -. : ,' ,.' ■ -,.'.•/ ' '• ..{r ; ,-•:-«.. >-> v i ,.:■'.. 

r,v ,» K; ;• .. T ' ^ ,Ybur 'attention is ; directed to Public Resolution N a* .;; -33., J aip-- 
p roved 'March '19.., 1,9^6 j'^bi'oh reads as 'follows:: ,., /,., 4 '•..'-•'"' 

"That the joint resolution entitled 'Joint resolution.,., ; - 
providing additional time for the payment of purchase. -money. .. ■ 
under homestead -entries within the former Colville Indian, ... ^ / • . : 
;,- ~j .'Reservation, Washington,* approved March 11, 1918 , be, and 
the game is hereby amended to read as follows: 

"'That the Secretary of the Interior is hereby au- 
thorized in his discretion, to extend for.a period of one 
year the time for the payment of any annual installment. , r% -. 
due, or hereafter to become due, of the purchase price for' 
lands sold under the Act of Congress approved 'March,, 22, ... , 
1906 (Thirty-fourth Statutes, page 80), entitled ; 9 An ,act, 
to authorize the sale and disposition of surplus or unal- 
lotted lands of the diminished Colville Indian Reservation, 
in the State of Washington, and for other purposes" and 
any payment so extended may annually thereafter be ex- 
tended for a period of one year in the same manner: Pro- 
vided . That the last payment and all other payments must 
be made within a period not exceeding one year after the 
last payment becomes due by the terms of the Act under 
which the entry was made: Provided further , That any and 
all payments must be made when due unless the entryman •. 
applies for an extension and pays interest for one year 
in advance of 5 per centum per annum upon the amount due 
as herein provided, and patent shall b© withheld until 
full and final payment of the purchase price is made in 
accordance with the provisions hereof: And Provided fury 
ther , That failure to make any payment that may be due, 
unless the same be extended, or to make any extended pay- 
ment at or before the time to which such payment has been 
extended as herein provided shall forfeit the entry and 
the same shall be canceled and any and all payments there- 
tofore made shall be forfeited^ 



-34- 



+ - rt a * At* *!*?"- *e* *^ ^ mdo by the said public resolution in 
the Act of March 11, 1918, is that the public resolution permits the same 
installments of purchase money to be extended from year to year unon the 
payment of interest in advance at the rate of 5 per centum per annum, 
subject to the condition "that the last payment and all other payments 
must be made within a period not exceeding one year after the last pay- 
ment becomes due by the terms of the Act under which the entry was made," 
while the Act of March 11, 1918, did not permit any installment to be 
extended more than once or for more than one year- 

iou will promptly serve notice on all persons whose payments 
are m arrears that they will be allowed thirty days from receipt of no- 
tice within which to pay the sums due, without interest, or to secure 
extensions of time. for the payments by paying interest thereon at the 
rate of 5 per, centum per annum from the dates when the payments become 
due to the next anniversaries of the dates of the entries occurring af- 
ter such notice, and that in the event of their failure to take such: 
action within the time allowed, you will report their entries to this 
omce for cancellation. 

Amounts paid as interest should be noted on the receipts and 
abstracts of nioneys received '.with the fact that they were paid in con- ' 
formity with the said public resolution* 

Final certificate and patent vail not issue under any entry 
until the full payment has been made* 

After extensions of time for payments on account of military 
or naval service, further extensions may be granted under the said Pub- 
lic Resolution No. 33 and in the granting of such further extensions 
you will observe the direction given in circular No. 647' dated June 3, 
1919, that the period of military or naval service should not be con- 
sidered a part of the time originally allowed for the completion of the 
payment s« 

Very.- respectfully, 

CLAY TALLHAN, 
' % ■' Commissioner. 

Approved May 26:, 19 30.' 

■/;' ALEXANDER T* VOGELSANG, 

First Assistant Secretary. 

MINERAL LEASING LAW IS EPOCHAL 

, • Under this title- the Yakima Morning Herald of April 25th, car- 
ries .an exceedingly interesting review of the general leasing' act of 
February 25, 1920, prepared by Mr. Richard St ro bach, Register of' the 
district land office at Yakima, at the request of the. Herald.. " It has not 
been the fortune of the Bulletin to see elsewhere- a more comprehensive and 
better statement of the purposes and intentions of this legislation,' and 
it is a matter of congratulation to the Land Service when 'one of its num- 
bers contributes so effectively to the introduction of new legislation* 

-35- 



.FREE NATURE GUIDE. SERVICE YOSEMITE- NATIONAL. PARK,'; i&SO.^--'-'^ : "' : 

In. connection with the. 0p.en5.ngj.pf. the '-regular 1920 tourist sea- 
son in Yosemite National' Park .011 ...May .1.,. Secretary Payne' has announced-' 1 •• : " 
that there .would be, available.-, t'his year to. visitors to Yo Semite a*- free ' 
Nature Guide service,, '., '"' .,...., • ;;, r ; . ... : ■ ■ • '•■" 

This service has been made possible by the National Park Ser- 
vice Sn cooperation rath the California State Fish. and Game Commission. 
Well-known naturalists ''will be "in. charge. Among these, will- be Dr. H'*C»' 
Bryant. of the. University.' of '..Calif ornia; : who* ha si. "a -wide .'knowledge -tif'High- 
Sierran life, and/ir,*. Loye .Miller,, the •Los -.Angeles biologist, who has an 
almost uncanny ability in, imitating the- songs, of wild hi-rds* 

Yo semiie la .'f-irst., year Nature .Guide-' program will .include directed 
nature play for £hil4ren'suG.h,',as. the- bla^dSold " he rb» smelling" .-"and' '•'bark- 
feeling" games,, ' There will "be' directed hikes for children -and grownwups* 
Evening campfire talKS on the mammals, birds, trees and wild flowers of 
Yose.mite National Park. and. the fun, ; of sleeping bag trips intpythe High 
Sierra will also be' .features^ ■•'•.... ' 

Lantern slide talks and movies of High Sierran wild life will 
also be, included* v ,. '■■■■-. :''••"* 

A copy of the rules and regulations for Yosemite National Park, 
which alsp contains, general in format ion, regarding the. park., pan.;, be obtained 
free of ' charge by. writing, to the Director of the National, Park- Service:, 

Washington, _ D» 'C»„ . ' •■ . .- ; \ ':' ". * ' ;: '•' " 

AUTOMOBILE GUIDE .I-APS OF THE -NATIONAL PARKS ■ : "«.'•; \ ovr.?:'. 

...•''.- . . • ,., j ....... - -, 

*■.■■■'■ « 

Secretary Payne announces that the National Park Service of the 
Department of the Interior has ready for free distribution the 1920 auto- 
mobile guide maps of the following national parks: Yellowstone, Wyoming; 
Glacier, Montana; Mount Ranier, Washington; Crater Lake, Oregon; Yosemite, 
Sequoia and 'Gene ral Grant, California; and Rocky Mountain , Colorado* These 
maps* are printed in color and show all the roads and ..trail? in^-the national 
parks-, hotels and camps, free public camp grounds, and other information of 
interest to motorists. Small road maps of the .States and .suggestions, to 
the motorist are also included* ,"... •..-...;.:'"■» 

The National Park Service has also issued an automobile map of 
the western United States, showing the location of, the. national parks *^ 
The national park-to-park highways are shown on this, map in red* Tourists, 
who. are 1 planning, to visit the national parks this summer by V}° ^° r », should,., 
avail themselves:. -of the opportunity to obtain 'free of ^charge the' official"... 
park maps. Requests 'Should be addressed «fo the. ^Director of the National. . 
Park Service, Washington';, D*C» ,' » ; ' ;i '■[•* v r '■■•••;•'■" ''..'!.'.' 

Z, . •'•' '• '" .V:'-' "36- ,■::.. : W* > ' V-'.'^ ./;., * 



FAMILY LETTERS 



From Crookston: 

..; — ! — — 






( 



On looking over issu.es of .the 'IBulletin" 1 have 'noticed ; sa:re 
interesting and historical stories of the trials 'erJcountered in •..purvey- 
ing the various State boundaries of. the western" states* It v/ouxt.- be in- 
teresting to have the. "BullQtin^! version of the •survey of that part of.. 
the 46th parallel whichf-onus. the- 'boundary, between Washington and •Oregon,, 
•This" was done in 1864, I believe, if Markings, personally observed, on 
old accessories can be relied on* Let's hear from you about it; and -tell 
everything, Indian- fights, military; escort s, supplies', etc* 

This? request- has- been referred t« -our' contributing editor, ^ : 
Mr, Frank .!!.♦■ .Johnson,. Supervisor -of Surveys /for response-,,) 

- ■> r* :•>->•" ■. .••' ■ ■ -...'* •■"-'.*' 

From Sterling s ' . .', ,,.., :•:• : •- .•.." ,■■.;■• V "'••• ••"' --' ..*'."' . , . 

• * '•; ' . •■ ■ v .... «• '_ • .;, ' '-'i 

• ..--■ : - . . • . c'. „ :■ ' ' '.- '.-■■■■'• '■ . , ■■••■'.' i.' J ■> ''*' '■ 

It is with greatest pleasure.. that we acknowledge, herewith the.. .... 

receipt of bound, Vplumes I and-II -of -.Land (Service Bulletin*'- -The entire 
office force joins in thanking you and the editor for the compilation 
of this painstaking and admirable reference work* - * ♦.'..,'" ..-:-,. 

So it is, being not un forgetful of the labor incident thefei'o, . ; 
that we opine that, the author who. wrote : '< ■ " '. _■• 

: . ■ ■ ■ : :•"••'•>«!■ ' " 1 ,.«•«-. 

' "The heights by. great, men reached and' kept 

Were not attained by sudden flight,- \'» *, 

But they, while their companions, slept, »''•■'< .. .. .-; > 

Were toiling upward in the night* 5 ' . ,, ■■> 

must have had in mind such a personage as the collaborator of the Bulletin, 

With well wishes for the continued success of the Bulletin and 
yourselves forever and a day, we 'hail these volumes as one of the very 
greatest joys of yesteryear. . ... * 



FIRST PERMIT UNDER OIL LEASING- ACT, 

Secretary Payne, of. the- Interior Department ..May 18th issued to 
the Crowley County Oil Development Company' a permit under, the Ac o of 
February 25, 1920, to prospect: for oil and gas oh 1,280 acres in the 
Pueblo, -.Colorado, land district, .. This is i-fihd" first- permit to = be Issued, 
under the new leasing law. The lands are*nbt ; within the structure of a^ 
known producing oil or gas field. 



PHOSPHATE REGULATIONS - GENERAL. LEASING ACT, 

Secretary Payne May .2 2nd ^approved rules and regulations for, 
the leasing of phospiate deposits' in the public lands u:»'der tine &$t\sof 
February 25, 1920. About 2, 500, 000... acre?' of" lands in Wyoming *; Idaho, 
Utah and Montana have been withdrawn from disposition for a number of 

-37- 



years awaiting legislation recently enacted by Congress.' These regu- 
lations will open them to lease in areas 'not exceeding 2,560 a, res each 
and should add largely to the fertilizer supply of the United states, 
phospBtate forming an important ingredient in commercial fertilizers* Ap- 
plications for leases are:.t.o be filed with the local land offices for 
transmission to. the Secretary of the .Interior, and printed copies of the 
rules and regulations will be 'available to these officers, and to the pub- 
lic as soon as printed. 

;;f OIL LOCATIONS WITHIN CLASSIFIED COAL LAND. AREAS . ,' 

In the Bulletin for last February there appeared an iteni uAder 
the above title, in which a quotation-is made from a letter of ihqvjiy as 
to whether coal lands classified at a fixed price were subject, to oil-lo- 
cation* In the 'response, the opinion was' expressed that lands occupying 
such status would be subject to oil location under the act- of FebrjaAMpy 11, 
1897 (29 Stat*, 526), calling attention to the provisions' therein. wxih 
respect to lands "chiefly valuable"for their petroleum content. •. ; j 

'.Later, it being developed that considerable difference of opinion 
existed in the 'General Land Office relative to the opinion, thus e3Cpr2"esed, 
the question was submitted to the Secretary of the Interior for -his .lit*. 
structioa.v to which an informal response has been made expressing the ' 
view that the classification of the laridsaas coal lands, at"a specu-fxed 
price,' removed them from the operation of the 'mining laws* .Comment, how- 
ever," was made by the Department to the effect that since the enactment 
of the general leasing law, this, question was largely academic because ^ 
the several deposits would be subject to lease thereunder, however this 
may be, it is the office : of the Bulletin to "give, the Service the benefit 
of the latest opinion on this subject* ' 



; ; PUBLIC SALE OF RECLAMATION UNITS . 

Over 500' application's to purchase tracts;- in.. the First Mesa-... 
Unit, Yuma Auxiliary Project," near Yuma* 'Ariz'cna;, have recently been . 
received in this office and are being noted on the- records, .preparatory 
to their adjudication* This is the first instance in the history of 
the Department wherp. public lands in a Government reclamation project 
were disposed of by public sale to the highest bidder, instead of by 
homestead' entry* The sale was provided for by the act of January 25, 
1917 (39 Stat,, 868);, and" the 'contract" price: -of-- the lands disposed of 
-. amounted to over a million dollars. Nearly 'allth'e tracts have now been 
sold*. ■••'•' "•': '• . 



PRESS NOTICES OF PUBLIC LAND. ACTIVITIES 

On behalf of -the- Land Service generally, the Bulletin desires to 'acknow- 
ledge the publicity given through~the press of decisions, and orders of 
the Land Department that affect general interests. 

••■"•. ■..-■■■. i •■"•' - '•-■''*' 

-38- ' -•': V -,''' '"~ *' ;■: /•■■ 



We have now before u? clippings from several papers carrying 
reproductions of important notices issued from the General Land Office, 
notably from the Santa Fe jj New Mexican, of the proposed sale of Ho) 
Springs during this month; also from the Steamboat Pilot of Colorado*- 
of our announcement of the restoration of 30 ,,00,0 acres, of land in Mcffatt 
County, formerly segregated under the Carey Act-'* the Alaska Daily Euigire 
of Juneau, which reproduces substantially our circular of ' regulation's ^" 
issued under the general leasing act of February 25, 1920, with respect 
to oil lands in Alaska* 

Very often much greater publicity could be obtained in matters 
affecting our, disposition of public lands, if the district land .officers 
saw to it that the newspapers, "as far as possible, were furnished with 
the necessary information* -. ' 



..ALASKA COAL LEASES 

. A lease of coal lands in the Cook Inlet field has boen_autho r - 
ized after due publication cf notice* The lease embraces 1397*2S--.acj7 es< 
A lease has also been authorized in the Nenana Field, for an area of : r 
'565*91 acres. Both leases comprise lands lately surveyed and offered 
for-' lease ,. Publication of notice cf two other amplications for ° oa 
leases has been authorized and publication ordered* One is i" • ° 
of the Matanuska -field, containing 1080 acres; the other' fcr J: 4 ^ a L - 
27, 28, 29,' 30 and 31 of the Bering .River field, containing 20^u - -f* 
Under the regulations ,' other applications for the same block r ^ ich .-^ 
during publication of notice and up tothe time fixed therein, 
to June 30, 1920. 



THE PITMAN;. ACT 

The act of October 22, 1919 (42 Stat,, 293), known as the 
Pittman Act, was designed, as its title indicates, to encourage the dep 
velopment of subterranean water for irrigation, and its operations are 
confined to the State of Nevada, If the hopes and expectations of its 
friends are realized, the innovation will, no doubt, ultimately result 
in converting large areas of what are now desert wastes into highly pro- 
ductive agricultural land. The act confers upon the Secretary of the 
Interior authority to grant permits for the exclusive right to explore 
not to exceed 255Q> acres in any one single tract.-* No limit is -placed 
upon the number of permits that may be granted to a single individual,,; 
but within an area of forty miles square not more than one permit may be 
issued to the same person. Two years from the date of -the permit are al- 
lowed in which to complete the work of exploration, and whenever within 
that time the permittee shall have developed sufficient wqrter for the ir- 
rigation of", and shall have actually reclaimed, not less than twenty acres, 
he will be entitled to patent for one-fourth of the land described in the 
permit. The balance of. the. land will be open to homestead entry -only. 



-39- 



Applications have been coming in, not in overwhelming numbers 
as has sometimes been the case upon the opening, of .new, avenues- -for the 
acquisition Of public lands, but in a steady healthy flow. Notwithstand- 
ing the regulations under the' act were not available for distribution un- 
til late in the, winter, a considerable number of permits have already 
been issued. About 125 applications have been received, involving in 
the neighborhood of 300,000 acres.of land. ' 



TOWNSITES 

Hot Springs, New- Mexico * .. ■ ,', ..... '..?"-" 

Under Sections. 2382 to!' 2-386, U.S.Revised Statutes., the -townsite 
of Hot Springs, New Mexico, was created. The subdivisional survey was 
made bynthe Government under Section 2384. The minimum price of- the lots 
is $15 per lot of 4,200 square feet or less, and an additional 54.-00 -for 
each additional 1,000 square feet, or fraction thereof. A preemption 
right is allowed to said settlers of not exceeding two lots upon which 
they may have at the date of the completion of the survey, substantial ' 
improvements* Regulations for the sale of the lots have been, issued re- 
quiring the preemption rights to be exercised prior to June 1?./ l?20v . 
on which date the- remaining lots will be offered at public outcry "to . 
the highest bidder at not less than the minimum price. The lot occu- 
pants are now hot at work making their preemption proofs and the .local 
officers are in consequence very busy with the same , and so much so that , > _ 
the. office has found it necessary to direct the Chief of the Fie.ld-Pi* • 
vision as far as possible to assist the local officers.. ■;..-. - 'I '■" 

* • * ■'. ■ 
Lida, N evada* 

Under Sections 2382 to 2386, U.S.Revised Statutes, the' town- 
site of Lida, Nevada, has been created and surveyed by the Government 
under said Section 2384. Regulations for the preference right entries ^ 
have been sent the local officers, and the occupants are now busy making" 
their preemption proofs. -A date for the public "sale of the remaining lots 
has not -yet been fixed., \ 

Powell*. Wy oming* .... 

Hay 10, 1920, the lots in 16 blocks in Powell townsite in the 
Shoshone Irrigation Project, Wyoming, were offered at public sale at the 
townsite. Twenty-three ' of the lots were sold for ,06,580* 

Frannie , v Wyoming . ■: ■■;;:, 

»;. April 19 > 1920, 'the Secretary of the. ^Interior withdrew for the 
town-site"--: of 'Frannie, Wyoming, : in the Shoshone Reclamation Project, some 
200 acres of land and a plat dividing a'.portion /of .;t-he land into lots -and 
blocks. has been approved and the lots have been appraised. The date of 
public sale has been fixed for June 15, 1920, at the townsite. 

-40V " 



.; a 



Burlington. Iowa , 

. ff : :r; ,' , • v — • ! — ' 

A survey has been made of a tract of land at Burlington, Iowa, 
fronting on the Mississippi River* The corporate authorities of the mu- 
hicipality have been called upon to file their application in +hin office 
...for a patent to said tract on the river front, under the act of February 
14, 1853. ; ... . ■■ ' 

Huron County Public Pftrk. Michigan . . 

Under the act of April 15, 1920 (Public No. 176), the County 
of "Huron, Michigan, was authorized to enter lots 1 and 2 Sec. 17, NE^ NE-£ 
Sec/ 20,, T. 18 N., R. 11 E. , upon the payment of $1.25 per acre for park 
. purposes, subject -to Certain reservations, rights,,, Vses, reversions,- for- 
.. feitures..' and conditions in said' act expressed. May 17, 1920, the Secre- 
tary . ( of the Interior approved regulations for the entry of said land* 



La Veta Park site f Colorado . - 

. May 29, 1918, a patent w^s issued for Sec. 30, T* 31 "S-, R. 
69, W.., C6lbrado , for use as a- park site by the town of La Veta, Colorado, 
to' which the patent was issued* April. 17, 1920, the Board of Trustees 
Of the town submitted a quit-claim deed, of said tract to the United States» 
.Said.: patent was issad to the town under the act of June 7, 19l0 (36 Stat., 
459), wnich provided for forfeiture ; and reversion to the United States in 
case said "land "'was not used for park purposes. In" transmitting said deed 
to the United States, the corporate authorities of the tov/nsiie ^staffed 
that the land had not been used as a public park, or for public" purposes. 
The deed contained the condition that the Government should, .hold- the land 
as a national forest and that if it should not be -so maintained as a- na- 
tional forest, the iand should revert to the town. May 19, 1920, this 
office declined to accept said deed with the conditions stated, subject 
to the right of appeal. 



RECENT DECISION'S OF- THE COURTS: AND THE DEPARTMENT*- .*-.!? V ;S%1- 

School Grant to the State of- Washington* .-- ..r 

The recent decision of the Supreme Court of the State of Wash- 
ington, Thompson vs Savidge , 188 Pac. 397, terminates a long pending con- 
troversy between the Land Department .and the State of Washington", concern- 
ing the true interpretation of the school grant made to the State 'of Wash- 
ington' by the enabling act of February 2 : 2, 1889 (25 Stat.,. 676) ,' as amended 
by the act of February 28, 1891 (26 Stat., 796 )• 

The Department held, from the outset, that under the grant the 
State took no title until the school sections .were identified by survey, 
and that prior thereto it was competent for Congress to .make such, other 
disposition of the land as it saw fit, and that the amendatory -act was 
applicable to all states having unadjusted school grants* This "holding 

-41- 



was accepted by all of the states affected, except that of %ashihgtony '■' 
which state, following a decision of .its , Supreme Court ,in the case of 
Washington vs Whitney (120 Pac 116, 66 Wash. 473), held that the words 
of grant in the enabling act were words of present grant, and when the'' 
state was admitted into the Union the grant took effect as of its date, 
and passed the entire title of the United States as fully and completely 
as though suc^ Sections 16 and 36 had been previously surveyed and "were 
then capable of exact identification, and further, that the amendment of 
the general statute by the act of February 28, 1891, was not' intended to, 
nor did it, operate as a repeal of the enabling act , .which was special 
in its character. 

This difference in the view of the law existing between the 
Department and, the State, resulted in the suspension of selections on 
the part of the State of Washington of approximately 85,000 acres at 
the time of our last Annual Report; and, in order to secure a reconsider* 
ation of the matter in the courts of Washington, an agreement was made 
between the Land Department and the representatives of the State, by 
which a suit was to be instituted in the State courts of Washington that 
would involve a construction, of the statutes in question; see Annual Re* 
port of the General Land Office for 1919, page 46. As the result of this 
agreement, the suit of Thompson vs. Savidge was instituted, the court 
therein adopting the view of the Department that identification by sur- 
vey was a prerequisite to thS attachment of the school grant, which car- 
ries with it, of necessity, a recognition af the applicability of the , 
amendatory act, 

Mining Claim - Certificate of L ocation, . 

In the case of Heilman vs Lo.ughrin, 188 Pac„,370, a Montana 
case, "it was held that the purpose of recording a certificate of loca- 
tion of a mining claim is to impart constructive notice to subsequent 
locators of the existence of the claim, its location and extent, and ■ 
as to parties having actual notice as to the claim and its location and 
extent, any defects in the certificate, whatever they may be are imma- 
terial, in vie\v of Section 2293 of the State Codec 

Oil Mining Cl aim - Dumm;^ Locations - .Posse sso ry Right, 

In the case of the Chans lor-Canfi eld Midway Oil Company et al 
vs the United States, in the Circuit Court of Appeals for the Ninth Cir* 
.cuit, in decision handed down May 3, 1920, the court had under considera-' 
tion a. number of interesting questions .involving its own jurisdiction, 
dummy locations, estoppel, and possessory rights under Section 2332 of.the ; 
Revised Statutes', measure of damages and costs. 

The opinion is of too great length to permit its full publica- 
tion in the Bulletin, but the following excerpts therefrom are given 
herewith: 



-42- 



•This suit is to restrain waste and depletion of the 
oil 'contents of a certain described quarter section ox 
public lands, to obtain an injunction against defendants 
from asserting title or interest in the lands, :?rorj crop" 
passing thereon,' for an accounting, for the appointrne.it 
of a receiver and other equitable relief. The land is in- 
cluded within the area prescribed by the withdrawal! order 
of the President of the United States dated September 27 , 
1909. #■■**•■*-* #--* -x- •* •* *- ■* -k -a-**--*-** *#*•■* 

"The District Court denied motions to transfer the 
case to the lav; side, of the court and to dismiss, retained 
jurisdiction, heard evidence, appointed a :\5cei\'erj and 
decreed that the lands belonged to the United States tree 
of all claims of any of the appellants, gave the United 
States judgment in damages for C>V<V''5i, and decreed that 
all fixed improvements upon the lands belonged to the 
United States and should be turned cver# * * * * * *" * * 

"There is no controversy as to where the legal title 
to the property here involved rests ; and if the defend- 
ants have no right to the oil in the lands or to the pos- 
sess]. on thereof as against the United States } then cer- 
tainly remedy at law is inadequate to prevent injury cf an 
irreparable character being cone to the land even to the 
destruction of the value thereof* * 

'"Again, the trespasses complained of appear to have 
been continuous and if defendants should remain in pos- 
session they will continue to destroy the substance of 
the estate by the extraction of the oil and will render 
plaintiff *s ownership valueless* In such a case a court 
of equity will restrain and will also retain the suits 
for an accounting and satisfaction for injuries already 
done* Graves vs Ashbura, 215 U t So,331; Goldschmiut 
Thermot Co„, vs Primes Chemical Co 0? '225 Fed.c-769? Gate- 
wood vs New River Con. Co*, 239 Fed* ,65* * * * " x " '* * * 

"Under this evidence we think that the District Court 
was correct in its opinion that: ''The paper location was 
made on January 1., !9C?>, by Fred Hall in the name o f L!rs« 
Stoekes, his mother-in-law &nd a member of his fam"t.y s axi( ^ 
seven of his neighbors?. The alleged locators did not know 
of the location at or pricr to the time it was made and 
when subsequently advised thereof, declined to assume or 
pay any part of the expenses incident thereto, or to ac- 
cept or ratify the same, but on January £8 S 1903, no 
doubt at the request or suggestion of hall, they executed 
a. deed conveying their interests, if any, to I.Irs* Stoekes 
in trust for Hall. ***'*'■***** * * * * * * * * * * 



-43- 



"If further evidence of Hall's purpose were necessary, 
it is found in the circumstance of the quick transfer to 
Mrs. Stockes, his mother-in-law and a member of his family, 
and who, without doing any work upon the claims, held them 
until July, 1908, when Hall, without paying her anything, 
took title to his property and soon thereafter made the con- 
tract for development, 

,r We are satisfied that no legal title was ever passed 
and that the locations were wholly invalid and that the 
District Court was right in so holding,, Hall gained nothing 
by' taking the transfer to Mrs* Stockes and thereafter from' 
hor^tofhimself , and acquired no right or interest in the 
property* Therefore, he could convey nothing and could make 
no contract of development with the Chanslor-Canfield Company. 
Nome & Sinook vs Snyder, suprs, Nor can the Recovery Oil 
Company assert rights under a contract with Hall claiming 
through the same locators under date of December 21, 1910. 

"After careful consideration our judgment is that the 
locations were void, and that appellants have no standing 
in court » 

"It is argued in the brief of the appellants that the 
doctrine of estoppel should be applied as against the United 
States beca.uss the agents of the government had lull knowledge 
of the situation and not only refrained from advising people, 
but induced them to proceed and expend money in good faith* 
In Utah Power & Light Company vs United States, 243 U*S«339, 
and Southern Oregon Company vs United States, 241 Feda<.16, 
and Pine River Logging & Improvement Company vs United States 
186 U.S., 279 ? it has been laid down that che United States 
is neither bound nor estopped by acts of its officers or 
agents in entering into an arrangement to do or cause to 
be done what the law does not sanction or permit* And fur- 
thermore, that as o. general rule laches or neglect of the 
United States on the part of officers of the government is 
no defense to a suit by the government to enforce a public 
right or protect a public interestv 

"It is also said that appellants Hall and the Chanslor- 
Compa# acquired title to the land and a right to patent 
thereto independent of the location charged as being fraudu- 
lent. Appellants base this contention on Section 2332 of 
the Revised Statutes of xbe United States, -which so far as 
pertinent , roads: 1f V/here such person or association, they or 
their grantors, have held and worked their claims for a 
period equal to the time prescribed by the statute of limi- 
tations for mining claims of the state or territory where 
the same may be situated, evidence of such possession and 
work of the claims for such period shall be sufficient to 
establish a right to a patent thereto under this chapter 
in the absence of any adverse claim. 1 But the statute just 

-44- 



first Statutes, page 47), the Secretary of the Interior 
be, and he hereby is, authorized at his discretion to 
execute and deliver the deeds therein provided for with- 
out proof of compliance with the building conditions 
under which the lands were sold, upon a satisfactory 
showing of inability to supply such evidence." 

Federal Power Commission * 

H. R. 3184, an Act to create a Federal Power Commission, to 
provide for the improvement of navigation, the development of water power, 
■and the use of the public lands in relation thereto, has been agreed to 
in conference and gone to the President for his signature. 



NATIONAL PARK TO PARK HIGHWAY : ... : .' ■'■-' 

Secretary Payne announces that the National Park Service of the 
Department of the Interior will give an official character to the proposed 
National Park-to-Park Highway by assisting in the send-off of Mr, A«L. 
Westgard, representing the American Automobile Association, on a path- 
finding trip to link in one great highway to be known" as the National 
Park-to-Park Highway, the majority of the great nationalparks of the 
West, Twelve national parks are to be connected in this circle high- 
way including Rocky Mountain in northwestern Colorado, Yellowstone- In 
Wyoming, Glacier in Montana, 'Mount Rainier. in Washington, Grater Lake 
in Oregon, Lassen Volcanic, Yosemite, Sequoia and General Grant Parks 
in California, Zion in Utah, Grand Canyon in Arizona, and Mesa Verde: 
in southwestern Coloradoo 

Mr. -Westgard will leave Washington, D. C. June. 1 for' the 
motor trip overland to Denver. 'The start will be made from in front 
of the New Interior Department Building, and a number of the Depart- 
ment officials as well as the officers of the American Automobile ;. ... 
Association will be on hand to give Mr. Westgard a proper send-off. 

This path finding trip is being made for the purpose, of se- 
lecting the best routes between the natione.l parks and is to be followed 
by a. National Park-to-Park Educational Tour. 

EDUCATIONAL TOUR ••■•■;■ 



The Educational Tour will start from Denver August 25, and 
will finisn.in Denver about October 25, taking approximately sixty days 
to complete the circuit. The object of the National Park-to-Park Educa- 
tional Tour is to encourage automobile travel to all the national parks. 
The exceptional scenic qualities of the parks will be shown during the 
evening stops in 8,000 feet of national park film furnished by the Na- 
tional Park Service. Tihe Educational Tour has for itrs ultimate purpose 
the development and building of a hard-surface motor highway connecting 
in .a circle tour -the principal national parks of the West. 



-58- 



Cheyenne Rive r and Standing Rock Lan ds* 

S. J. Res. 170, authorizing the Secretary of the Interior to 
extend the time for the payment of annual installments of the purchase 
price for lands in the Cheyenne River, and Standing Rock Indian Reserva- 
tions, has been introduced and referred to the Committee on Public Lands. 

Mining Assessments in Alaska * 

S. J. Res* 195, to suspend the requirements of annual-assess- 
ment work on mining claims in the Territory of Alaska, hasjoeen intro- 
duced and referred to the Committee on .Mines and Uiningo This resolu- 
tion is identical with House Joint Res* 356* 

Compensation of Registers and Receiver s* 

H.IU 14151, fixing the compensation of registers and receivers 
of local land offices, has been introduced and referred to the Committee 
on Public Land So 

Imperial Valley Lands .* 

H,R. 12357, to provide for an examination and report on the 
condition and possible irrigation development of the Imperial Valley 
in California, which passed the House March 15, 1920, has been reported 
out of the Senate Committee on Irrigation and Reclamation of Arid Lands 
without amendments 

Amendm ent o f__ Enlarged Home stea d Act * 

. H.R. 14042, provides for the amendment of Sec. 6 of the Act 
of Congress approved June 17, 1910, an act to provide for enlarged 
homesteads, and has been referred to the Committee on Public Lands* 

Railroad Rights of Way » 

H*R. 9825, authorizing certain railroad companies, or their 
successors in interest, to convey for public road purposes, certain parts 
of their rights of way, has passed both Houses and is before the President 
for his approval. 

Lands i in the District of Columbia* 

H« R* 12045, to provide for the conveyance of lots on the low 
ground of Washington, District of Columbia, has been introduced and re- 
ferred to the Committee on Public Lands* The bill provides: 

"That in carrying into effect the provisions of the Act 
of July 1, 1879, entitled *An Act to provide for the convey-, 
ance of the low grounds in the City of Washington, 1 under "ohe 
provisions.- of the Act of Congress approved Hay 7; 1822 (Twenty- 

-57- 



Lease of Grazing Lands in Alaska , 

S, 279}, to provide for the leasing. of lands in Alaska for 
stock-breeding purposes, was amended in the Committee on Public Lands, 
and as thus amended, received a favorable report at the hands of the 
Committee. Title of the bill is amended to read ''To provide .for the 
leasing of public lands in Alaska for grazing purposes." '—■■■ 

Carey Act Lands in Oregon . ' '.'•'.:■ v . ...... 

S„ 4419, providing for the extension of time for and reclama- 
tion of certain lands in the State of Oregon under the Carey Act, has 
been introduced and referred to the Committee on Public Lands. 

Right sof Way fo r^ Federal Irrigation Pro i& cts * 

S. 4421, securing rights of way and easements over public lands 
in connection with Federal irrigation projects, has teen introduced and 
referred to the Committee, on Irrigation and Reclamation of Arid Lands. 
This bill is identical -with H«R». 14102, on which a favorable report has 
been made by the House i: Committee on Irrigation of Arid Lands.. 

Lands Embraced in the Former Grants to the Oregon and 
California Railroad Company an -_thfl_r L oj^s^s-V_V(ago) :T Road Company, . 

j ' : •'■■ 

■■ H.R. 9392, regulating the disposition of lands formerly em- 
braced in the grants to the Oregon and .California Railroad Company and 
Coos Bay Wagon. Re ad Company* has passed the Senate. and S oiie ' to Jti ' ne 
President for his approval* 

Timb§r. Gutting by__ Co:^p^:tion_s_o . 

S. 1, authorising- the cutting of timber by corporations organ- 
ized in .one state and conducting operations in the oth;>r, which passed 
the Senate October 8, 1319, Las received a favorable report at the hands 
of the Committee on Pub lie- Lands in the House,- and is now pending before 
the Committee of the whole House. 

Oregon National Fore st. ,'" • ., ' 

S. 2792, to enlarge the boundaries of the Oregon National 
Forest, passed the Senate April 6, 1920, and goes to the House for con- 
sideration.. 

Farms and Sub u r ban Homes for. Soldiers* 

S» 4372, to encourage the establishment of farms and suburban 
homes by veterans of the World War, has been. introduced and referred to 
the Committee on Public Lands* •■'•■"•-'. 



-56- 



PENDING LEGISLATION 

Validation of Certain Home stead Entries, 

S. 1695, to validate certain homestead entries, received- a 
favorable report at the hands of the Secretary of the Interior, and passed 
the Senate May 17., 1920* The act provides as follows: 

"That all pending homestead entries made in good .•"•-, 
faith prior to January }, 1916, under the provisions of 
the enlarged homestead laws, and all rights to enter 
land under said laws* based on* settlement made thereon .' "•. . 
in good faith before , said date, and while the land was un*? • 
surveyed, by persons who, before making such enlarged home- 
stead entry, had acquired title to land under the homestead;; . .- 
laws, and therefore, were not qualified to make an enlarged 
homestead entry, or such settlement, be, and the same are 
hereby validated, if in all other respects regular, in all 
•' cases where the original homestead entry was for less than ;.; 
one hundred and sixty acres of land: Provided, That no .set*.' 
t lenient claim shall be validated hereby where adverse claim: 
for the land has been initiated before the passage of this 
Act. 

"Sec. 2. That no homestead entry heretofore made under 
the provisions of section 2 of the Act of Congress entitled 
"An Act for the relief of the Colorado Cooperative Colony, 
to permit homestead entries in certain cases, and for other 
purposes," approved June 5, 1900, shall be canceled for the 
reason that the former entry made by the entryman was J #oga«- 
muted under the provisions of an Act entitled "An Act. re-"- ;. . 
lating to the public lands of the United States," approved 
June 15, 1880 (Twenty- first Statutes, page 237). And ail 
entries heretofore canceled on the ground that an entryman 
who commuted under the provisions of said Act of June 15,- ; v 
1880,' is not entitled' to the benefits of the Act of June 
5, 1900, shall be reinstated upon a showing by the entryman ■ 
or his heirs, within one year from the approval of this Act, 
that there were no valid grounds for the* cancellation of 
such entries except that a former entry was perfected under 
the Act of June 15, 1880, in all cases where valid adverse 
rights have not attached to* the lands covered by such second- 
entries since the date of their cancellation." ' "' '" ; 

£ges_oL_fie.g isters and Receivers. 

S. 4393, relating to' fees to be allowed registers and receivers 
of the United States land offices, and providing for the abolishment "of 
the office of Receiver of Public Honeys, of such land 'offices/ was in- 
troduced and referred to the Committee on Public LLands. 



-55- 



Lands Withdrawn for Reclamation Purposes 
and no longer Needed Therefor, 

So 795, to provide for the disposition of public lands with- 
drawn and improved under the provisions of the reclamation laws, and 
which are no longer needed in connection with said laws, has passed 
beth Houses of Congress and received the approval of the President May 
20, 1920. 

D isposal of Grazing Lands in Utah * 

S. 3015, to authorize the disposition of certain grazing lands 
in the State of Utah, and for other purposes, which passed the Senate 
September 22, 1919, has passed the House and received the approval of 
the President, May 14, 1920. 

Fort Berthold Reserv ation* 

H.R. 13139, for the sale of isolated tracts in the former Fort 
Berthold Indian Reservation, North Dakota, has passed both Houses and re- 
ceived the approval of the President ,. May 10, 1920* 

Isolated Tracts of Oregon and California Lands * 

H.R, 13389, to authorize the Secretary of the Interior to dis- 
pose of, at public sale, certain isolated and fractional tracts of land 
formerly embraced in the grant to the Oregon and California Railroad 
Company, has passed both Houses of Congress, and received the approval 
of the President May 25, 1920. . ..■'_* 

Diminution of Bird Reser vation. 

H.Ro 8440, to restore to the public domain certain lands here- 
tofore reserved for a bird reserve in Siskiyou and Modoc Counties, Cali- 
fornia, and Klamath County, Oregon, has passed both Houses of Congress 
and received the approval of the President May 26, 1920. 

Lands on Snake River, Idaho » 

H.R. 12626, for the relief of certain persons and their pre- 
decessors , to whom patents were issued for public lands along the Snake 
River, in the State of Idaho, under an erroneous survey made in 1883, 
has passed both Houses of Congress and received the approval of the 
President., 



-54- 



Such classifications of lands containing oil shale have been 
accepted by the Department" "as" prima faci e -evidence .of .the value of the 
lands so classified for mining purposes, so as to require agricultural 
entrvmen therefor to accept' restricted patents' to: their claims under 
the provisions of the act of July 17, 1914 (38 'Stat*, 509), or assume 
the burden of establishing their non-mineral character. 

In his letter of November 15, 1916, transmitting to the De- 
partment a proposed Executive order for the creation of Naval Oil Shale 
Reserve No. 1, Colorado No, 1, embracing approximately 45,400... acres, 
and including' the land 1 applied for by Reed and Doyle, the Director of 
the Geological Survey said. - "The Colorado area is near transportation, 
and includes a part of the richest of the'' known shale deposits* 

t 

By Section 37 of the leasing act; of February 25, 1920, it was 
provided: 

. ' That the deposits of * * * oil, oil shale, and gas 
herein referred to, in lands valuable r for such minerals, 
* * * shall be subject to disposition only in the. form, and 
manner provided in this act, except as to valid claims ex- 
istent at the date of the passage of this act and there- 
after maintained in compliance with' the laws under which 
..initiated, which claims may be perfected under such laws, 
including discovery B * ' 

Oil shale having been thus recognized by the Department and by 
Congress as a mineral deposit and a source of petroleum, and having been 
demonstrated elsewhere to be a material of economic importance, lands 
valuable on account thereof must be held to have been subject to valid 
location and appropriation under the placer mining laws, to the same 
extent and subject to the same provisions and conditions as if valuable 
on account of oil or gas* Entries and applications for patent for oil 
shale placer claims will, therefore, be- adjudicated by your office in 
accordance with the same legal provisions and with reference to tjae same 
requirements and limitations as are applicable to oil and gas placers* 

The record of the entry accompanying your memorandum is re- 
turned for such adjudication* 



RECENT LEGISLATION .'.', 
Grant to the City of Pocatelio. 

S, 2528, to grant certain lands to the City of Pocatello, 
State of Idaho, for conserving and protecting the source of its water 
supply, passed both Houses of Congress, and received the approval of 
the President, May 12, 1920. 



-53- 



^qlorado'No,- 1 and Utah tib.' 2{'-%e' re » Withdrawn from ■ 
a^propH^tio'ri and "re served forthe^'United "State's Navy;'; 3s 




th^withdraWal; remains' in f brfee* S£f -^&li|U» ft la±«» *»««*• "J .'■?£■ a/.: 
have been'ihitiated p^ior^t^-the 1 '' withdrawal r>&Actf have ■:>;'* a-nl 'J0/iC3l 
__ r ; .TSeeri maintained in accordance with law, they are pro- 
'."ij'eciedy under IheHerbs'' of the- withdraws.!- act-" •dfi'^Juiie .).i? 
^^t^^^^^^^^t"^^^'^!^^^. adv^s^&s-'t-o^-: :■■: ■ VJV.C.!-; 
" v ,y|iether : ' hpy- poHi'ori^'of 'the 'withdrawn 1 lahti&^r«2P^6iheld*^'.- , .'.:. !S - 'il 
"; '" ■'■"*:• '■ ' - : — ; ~ "■<", ■/•?•: v.- ,-, „. t r, :.j # c.v*r.r;j.voc "fti*? £'■'£ F.vx-xli-'.fi nlHuzg 
v : ;j..v -j^: tfc G ; ; l(Hter oi the Di' recto r'W 'the ^Wld^cali* Survey. ".of; Hay 
23 > I^rfi, 1 addressed 't'o y , pu' i 'and.''adVisirife r yot!!^W the^'c^assificataJan of :afer- 
tain ; "areas"' Including* 'that •embraced' in- -tke'f sai^" e ; ht*y:-^f .'Jle^ed;' &hd,. rDfpyle , 
the Director said: 

Vd v ■:>•/.•."?:: hb U tatf* »:,• -3 birr:;;? ££;' * * *"" •' ? "' ■** Wr 

The. ne-t'^result/^bf' ' <>££ shal-e i^ve^tl'gatisb^-XL'lJrerady -,v,:.;-c •: 
made is*^nat i HhV i ^i¥-sh%cle v ar'eas^ r xn- ■0'<5% , 6VtS&w s 'Utahvand , sisrn 




ing Supply "Of pet * vxcuiu ~jr« -viicr W rx »w • ~ wnwi. 

^ile Jftf^ datb? J at ■ Tianb; Wre^not> afiffffi&t&titoti st o.-rwar-?- 'i$ t 5 >,• 
rant a Bp^lMMffliWs'W 1 •& < iotal 1 " re&oVeridbre •;'.' fa/«a 
nitrogen content of these shales, art- -i'& b^li^edup^'sdi^^oj * 
ble that, ijhis will prove so large as to give these de- 
'■pds^ii's '"a? v'afu : e'*'a:s"'ti 'Source ''of "iiitro^n ^'Wl^GtJtMeir >;X 
value as a source of petroleum, x*uob ■v."'* 7a <a-5"YA ««» »<.. 

ir^ie^o ^'^he' 1 high •■'p'f effect ive^ine^aa^vaiiffe ftglaJ 
lands' underlain' : by oil- 3 : shale x&§§oMis\$t baii} jodtfftui^Si orvasi 
appar^n| x tha-t' they -should H&t'^e '-'f erroit-£edi : :tIi-be«$&G- '- f SauXr.v 
quired u'nde ! r" the'- 1 hon^mineral i ian6" ; law§ t ^ '-IFnetiawis 8&K«te wvtf 
not n bein; r eJcomme-'Med* for-' withdraM^bVcaug©.: the-? avisos '■•' etf.c« 
shale indUitry i'^-'nbt yet-- dev^ep > ea^£n-.the!/Uttii.ed $.$a$efr* < 




. itn op eh' for ''the 'present 'to acqun 
the rnineraliiahd ;;: iaWS- v , eveh ; though- ^^ are :: amrMgu''bus ittiftr^e 
but poorly adapted to deposits of this type* * a 

Xc co rdingiy £ 1 : he^|b^ c^Las si-fV :i thp : ' -tract s • ll4 ted- * 
below as mineral, lands'," 'valu'aWs as' v a" ! "feou ; r'c'e' of petrb'^-' - 1 t : - 
leum and, nitrogen, and request that you make the, proper 
notation.' of tlie ^la^si flicatitiir' 'uip^^y^U'r'reKcoirds* ' 

»3otr>r; b-;»,W.cV --.(v xc a .'?";£ .i •'. :■ v:' nwj :.o:-;i;-*, jd't 

-52- 



duced large dividends. While there are no oil shale operations in the 
United States that have reached that point of commercial development 
or production, a reference to departmental publications indicates that 
there is great activity, .particularly .in the Statesof Colorado, Utah, 
Montana, Nevada and California, looking to such development and pro- 
duction at places where there are large and easily accessible deposits 
of rich oil shale and that' some shale-oil has been produced* It is re- 
ported that several small plants 1 have been already completed, or are 
under construction^ . near De Beque, Colorado, which is only, a. short dis- 
tance from the land included in the entry of Reed and Doyle,*, 

The Department has had. numerous inquiries as to the locata- 
bility and patentability of such deposits under the mining laws and 
in response thereto, while disclaiming any intention^.of expressing a 
binding opinion in the premises* it has nevertheless declared itself 
as favorable to the view that such deposits, if valuable, are subject 
to location and purchase under the mining laws. In a letter dated 
May 16, 1916, addressed to Senator Myers., the Department said." that: 

"*■*■•*-**;**-' it would seem that a 'discovery by-,. . : •" ■■ { - 
competent locators, locating in good faith, of 'oil 
shale, upon the unreserved, unappropriated and unwith**'/ 
drawn public domain, capable, by ..approved methods f of-, > • ■ 
yielding oil in sufficient quantities so 'as to make , the , 
land chiefly valuable therefor, would be a sufficient , ■■'■■- ■ 
compliance with the provisions, of said Oil Placer Act 
of 1897, and that locations based upon such obelise o very 
must be made and. entered, if at all, under the provi- 
sions of said Act of 1897* 

In a letter dated December 26, 1917, addressed to Representa- 
tive ^«- A* Ayers, it was said? "' . 

Large atfeas.of land in Colorado, Utah and Wyoming, 
have been classified by th§ Department as mineral land, 
valuable for oil shale. The lands so classified, except 
two small areas', one each in Colorado and Utah 9 which-. ,•■•■•" 
have been set- aside as Naval oil shale reserves , are open • •, • ■ 
to mineral entry under the mining laws of the United ' ' : > 
States and to noniriineral entry in accordance With the ,-. ,. 
provisions of the act of July 17, 1914, the shale de* 
posits when entries are made under this act being re- 
served for separate acquisition under the mineral land 
laws, 3 '■ ' •" 

' ' - ■ . ' ' ■#«'•■■ 

In a letter dated April 11, 1918, addressed to Mr. Fred L. 
Morris, Lawrence, Kansas, it was said that : 

* * * *\ if . these deposits of oil shales are val- .:•>' 
uable they are now subject to location and entry undeY 
the mining laws by citizens of the United States, 



-51- 



OIL SHALE CLAIMS - GENERAL LEASING ACT - INSTRUCTIONS 

First Assistant Secretary Vogelsang to the 
Commissioner of the General Land Office 
May 10, 1920. ' 

T ne Department is in receipt of your memorandum dated April 20, 
1920, stating that your office has before it for consideration the first 
application for patent for oil shale placer claims, the same being Glen- 
wood Springs mineral entry 015847 by Verner Z. Reed and James Doyle for 
fourteen placer mining claims covering 2,240 acres now situate in Nsval 
Oil Shale Reserve No. 1, created by Executive order of Decemoer 6, 1916. 

loon- (v uJ \ ref fr ^° the P rovisi °ns of the leasing law of February 25, 

, °S ?uh ll c No - 146 )». relating to oil shale deposits, and state that 
you deem the matter of sufficient importance to warrant its submission 
lor instructions of the Departmdnt. 

I p ThS Sntry in question was allowed February 25, 1919, for the 

tT+vJ+ S " Z x° 14f inclusive » placer mining claims survey -Mo, 19837 
§SX?w S ' i f ^ th S rwise surve y ed would be parts of Sees, 14 to 20, 
inclusive, 22 and 23, T„ 6 S c , R, 95 f„, 6th P.M., Parachute mining dis- 

i J\r T° S P r - Ln S s » Colorado, which claims purport to have been-lo- 
o?i e l*?I! Z r * U > 1 ? 12 ' onacco ™i °S "petroleum and other mineral oils, 
oil shales, hydrocarbons and related materials," each by eight persons. 

By section 2319- of the Revised Statutes, it is provided that : 

n^" 1 valuable mineral deposits in lands belonging to. 
the United States, both surveyed and unsurveyed, are hereby 
declared to be free and open to exploration and purchase, 
and the lands in which they are found to occupation and pur- 
chase, by citizens of the United States and those who have 
declared their intention to become such, under regulations 
prescribed by law, and according to the local customs or ■ 
rules of minera in the several mining districts, so far as 
the same are applicable and not inconsistent with the laws 
of the United States. 

provided: ***' * 7 *** ** ° f Februarv U > 1897 (29 Stat., 526), it is 

That any person authorized to enter lands under the 
mining laws of the United States may enter and obtain pat- 
ent to lands containing petroleum or other mineral oils 
and chiefly valuable therefor, under the provisions of the 
laws relating to placer mineral claims. 

and for mJfvsar^hf — 6 ^f reco S nized as a valuable mineral deposit 
industry in Gotland, that has *ff?£d^ 



-^50- 



the subject, citing authorities both statutory and judicial, he ar- 
rived at the conclusion that the former ■ decision of the Department 
of May 25, 1918 (46 L.D.,389), contained a true exposition of the law, 
as well as did the later cases of the State of Florida (47 L.D.,92 and 
93), and that if lands claimed under the swamp grant were found to be 
mineral in character, patent must be denied therefor. 

Transact ion^of Business' in Local Lan d Offices on Sundays , 

The decision 'of Judge' B.ourquih in the. United States against 
Gilstrap, reported in this number 'of the Bulletin under Field Service 
Notes, wherein he holds that a district land office mg:y legally remain 
open and transact business and dispose of public, land? on Sundays, is 
novel in character and should not be overlooked. 

Reclamation Proj ect s - Water Rights - 

. In the case of Payette-Boise TVater User's Association against 
Cole et al, in the United States District Court for the District of 
Idaho, Southern Division (263 Fed, Rep* 734), the court had under con- 
sideration a number of very interesting propositions relative to the 
rights and duties of water users and the Government, under the Reclama- 
tion Act of June 17, 1902, among other things holding: 

(1) That the requirement of this act that theccost of the 
project shall be estimated and apportioned before construction, may be 
waived by settlers and the Secretary of the Interior, and is waived 
where there is no formal compliance with such requirement and all par- 
ties understand that ultimately the settlers will reimburse the Govern- 
ment for its actual and necessary outlay,- in such cases the settlers be- 
ing chargeable with the actual cost only; 

(2) That settlers on lands within a reclamation project can 
not be required, as a condition of obtaining water to make a floating 
grant in perpetuity not only to the Government but to its successors in 
control of the project, of rights of way for the construction, mainte- 
nance and operation of ditches, canals, flumes, etc», even though pat- 
ents for the lands were issued prior to the Act of August 30, 1890, re- 
quiring, patents to reserve a right of '-way for the ditches or canals con- 
structed by the United States* 



-49- 



"No work was being done on the identical quarter- 
section in controversy at the time of the withdrawal, or 
for some two or three months thereafter, except the mov- 
ing of the derrick in October 19G9, but I do not regard 
the.t as a controlling fact in the case. 

"The evidence to my mind shows that the work being 
done at the time of the withdrawal and continued there- 
after was intended to and did directly benefit all the 
claims, and that the several contiguous claims were owned 
and being developed by the Oil Company in good faith as 
a group or unitl in a practical, business and economical 
way and "it has long been the established law in regard 
'to such claims,* says the Court of Appeals. In'. Consoli d ated 
Oil Company vs U.S ., 245 Fed,, 523, Hhat where two or 
more contiguous c loins, .are' held by the same 'person or per- 
sons, work done in good faith upon one of them or outside 
the boundaries of either of'them* which dfLrectly, tends to 
the development or benefit of all of the claims for mining 
purposes shall be applicable to each and allsf such claims. 
See also U.S. vs Thirty-Two Oil Co ., supra, IKS« vs Ho nolulu, 
Con. Oil Co . , 249 Fed. , 168. * * * * ** * *■* * * * * * 

"Applying these principles to the case in hand, I 
am of the opinion that the defendants have brought them- 
selves within the saving clause of the Pickett Act*" 

Waters and Water Courses. 

On the extinguishment of all rights of Indian allottees in 
the Yakima Indian Reservation set apart by the treaty of 1855, rati- 
fied by act of Congress in 1859, and the passing of title by the Govern- 
ment patents under acts of 1902, providing for the sale of lands al- 
lotted to Indians who had died after allotments had been made, the 
lands and waters flowing in a stream through them, passed beyond the 
jurisdiction of the Secretary of the Interior without their restora- 
tion to condition of public lands; patentees becoming entitled to 
common law lights of riparian proprietors. Hough vs Taylor, 188 Pac«, 
458. 

Mining Claim - Alien . 

An alien may own unpatented mining claims, and protect^ his 
rights therein by adverse procedings in the Land Department, or in the 
courts, although not qualified to obtain a patent by suit under' United 
States Revised Statute 2326* Ginaca vs Peterson, 262 Federal 904. 

Swamp Land Grant - Hjneral Exception . , 

First Assistant Secretary Vogelsang, in his decision of April 
12, 1920, involving Baton Rouge 07382, 646213, had occasion to consider 
again the question as to whether lands of a mineral character were ex- 
cepted from the swamp land grant* After a very full consideration of 

-48- 



"The case in hand hinges upon, the question as to 
whether the facts bring it. within the true intent, or 
meaning of the word's 'in diligent prosecution of work 
leading to discovery of oil or gas* as used in the law 
referred to. There is no dispute as to the facts and 
summarized briefly they are that prior to January, 1909, 
the defendant Standard Oil Conpany had acquired title to 
or right to possession of eighty acres of land known in 
the record as the Talara lease, two or three miles to 
the west of the property in controversy, and one or two 
other sections in the same vicinity* 

"Being desirous of enlarging its operations by ac- 
quiring additional holdings it entered into a contract 
in January, 1909, with one E»E V « Jones, by* which it ac- 
quired the possession, for development purposes, of four 
sections in Township thirty-two (32) including section 
twenty-eight (28), and two sections in the adjoining 
. township on the west. 

"The four sections of Jones 1 land in Township thirty- 
two (32) lay in a row along what was' supposed to be the 
line of the strike, and one section. thereof corners on 
land belonging to the oil company,, prxcr to the taking 
over of the property by the Oil Company, Jonev had begun 
the development thereof as a unit and for that purpose 
had established a camp on the southwest quarter of Sec- 
tion twenty-eight (23) and had commenced drilling a well 
thereon, and was also engaged in drilling wells on two of 
the other sections* He had cons^-ructed a fully equipped 
rig ready for operation on the northwest and one other 
quarter of Section twenty-eight (28) , and done more or 
less v/ork on each of the other claims* 

"Immediately on taking ov£r the property, the 
Standard Oil Company began a vigorous carrroaign of de<- 
velopment of it in connection With its other property 
as a group or unit and' to that end had, prior to the' 
withdrawal, increased its working force from time to 
time, enlarged its headquarters camp on the Talara 
lease by building bunkhouses, warehouses, blacksmith 
shop, ice plant, etc„„ established a pipe yard at a 
convenient point on .the' railway , and three or four- 
camps at different places on the property, laid v;ater 
and gas mains, installed a telephone system, built roads ■ 
and assembled supplies, tools and materials of different 
kinds, all of which were intended for and were used in 
drilling upon and developing the several locations as ■ 
expeditiously as the exigencies of the situation and 
available labor and material would 'permit , with'the' ob- 
ject af reaching and discovering oil on each claim* 



-47 



by calculation, is entitled also to recover interest 
thereon from that daVo Section 3336 of the California 
Code, of 1917 is identical with the .statute "of Montana' 
qub.ted in, Montana 'Mining .Co . ys St 4V £.Quis Mining"'& Mil--' 
ling Co., supra* where the Court ruled as.: heretofore "■ 
stated. From this we gather that. 'as ,• the= .statute Pf tbJ- 
State .of Calif ornia .al^ow.s^^ upon the value Ttforfi ■ - ; ' ;; 
the date of ^conversion, inter,est. shouldv,hav« be6n al-i' '-"■* 
lowed accordingly in the ^present, incase. /•/. i r t ,; :nr... ■■ T '''"'- , 

"\ K "It 'Is/'al'sH . urged by. ^counsel -for the United' States '- 
that tlie 'Court^ 'ex^ed 4n- ^fusing, * cs, a-ljlow; costs^ inv that " - 
there are ho Vircumstances^/Shown/wh^oh ^justified- the ^ •■.■•;■•'?.'■* ""' 
Court in refusing to allow costs to the United States. 
But the fact that, the superior equities- ^are^it-h the r.- ■" 
Uni tpd' State s . and ' it., has be«n» necejssaf y for- the I proteb-. - r '*" 
t i on" of; the right s that the., pre.s^nt-? ,suit-. v should bs r - brought y~! y '- 
does "av^ warrant -us", in ,ru ling thft^-the-diiscretio^: of-- the'-- ' "'■..■" 
District Cburt'Svas abused, .in xe fusing^, to award., costs- to. the ' "■■' 
United' "States. _' ; . ' .' ,"".,", '"; , '" n '. ]' ( rf .■*'; ~.-i :.. b*x .""■?' '•■" >"'•'-'•' 

"The decree is. affirmed, except as to- the .val.lo wane e.. of' ■ - 
interest upon^ the 'value.. of ihepil. converted. $he decree^x 
will be modified' sp .'as .' to. lillowj int ere? sj; .-upon r the. value 1 0f j 
the oll'-ffo^m 'the 'dai.e. pf'.cony^rs^io,^* ".'•;• ** .;■•:•• .-.j? ,t ;;•.::.;"••'■'•'• .<"• 

Oil Mining' Location - DiHgeQge^nvr^osft^ti^a^f JBfejpJc •>£ i-wl :, .-^' 
Looking to' Discovery* ' , J'. ',.' ~ .■ .,,,.,-;■ ..■,. f ,,^,., ; --j. : ■-■■.-•;• ■'■' ".""' 

In 'ihe 'case 'of United ; $tat'e,s ,'p£ America agaii$3>t the- standard 
Oil Company et '£! , 'i'n th.e DtsJ;'ticf .cVuri pi .^lynijted ^tat^.^Wii*^*- 

' the Court,. in^its 

;Of ,$10 

.leading to dis- 
— , f .... — <; _ ^ .,_ .. ___^_ CI _ < ,,, Jjr ..-_,_ L — ; ._,_ Jlli _ _ lt __ 

covery*. Ext?rac1?s*/frbm' the*., decision' follow: ... -^ ,,;■ 4 ?,,- £ f: 

,.-,+V." r . /*,.' ' '. ■,-{-- ; v:-.-,'^ •••■: '-. f?-'"J&. + «* t -'" • ; ' V V'-/ / 
"This Is"' a; suit to, re.s^ain. waste and /deletion:: of. "the ■. •'■ 

oil conlj^rif ^ f py^nV. 9<Q^Pm» st^ .j^u,^&zs ( (Kl^ of se,tftionvtwfinty* 

eight ■-( 2|^ Toymship. thi r'ty r twp^.^3V); .- scuth.-j Range - twenty-four: - ii 

(24) east'J Mt» Diablo~MeriB,ian^ Calif o-r^ia,, ajad:..to,,enj'oin-. 

trespass"|hereoh.- 1 ' ~ . 1,.' 1' ^. Jv " rl »^r^ r ./ ><■ ;:--*'■■"- -^ 

w The Jprcpgrty is';.0ill.bearing ? and .is^in.cl^ded rin:;the , .•? 
area descri^d^ih!the..pre§idenj5iai mth^ra'^al ordQKoQf' >" -•' '• 
September .'27 , 1909 . ',$9. Uxscove'ry ha$ beei^^a^e-.at the "i .- ■'," \ f -' -' 
date of .withdrawal. ,, The 'defendants,, however, -were bona"-: .".->"■ .'' 



therefore prp^ected^bv, ih.e s.ayi^g ^clause .'-;o : fr t'he.ffiakett; 
Act (36' Stat". ,84'7.J» 'Ais i's, a Vemediai; statute ;^^ .-should 
be construed to eff ec'tuater its -cju'roose* - >( UiS.«>v» • Gras s Creek. - 
Oil and' Gas' 'Co..' 256 Fed.^gl".; U^S .^ ,T.hi rtyt-Two Oil- Company , vt 
242 Fed. 723'; Cons .Mutual' fti'l. Co,.,v^. U.^S*,. 245. F-ed-,52,1. ).: , ■*■'■-* 



*46* 




referred to is a part of the statutory chapters on mineral 
and mining resources, having to do with the evidence which 
will be regarded as sufficient to establish the right of 
one in possession and who has worked a mining claim to ob*» 
tain a patent. The statute is based upon the premise that 
the lands had been open to entry and could be patented un- 
der the mining laws of the United States. It was not en- 
acted as a statute of limitation and has no application in 
the case of a trespasser on land, title to which can not 
be acquired under the laws of the United States, Harris 
vs Equator Mining Co., 8 Fed,, 863, 

"In the cross-appeal it is contended by the United 
States that the Court erred in refusing to allow interest 
upon oil extracted from the date of conversion. The oil 
which was extracted after a receiver was appointed, or 
the value of it, came into the possession of the receiver 
and was awarded to the United States; there was also 
awarded to the United States the value of oil taken by 
each defendant prior to the receivership (less cost of 
extracting and marketing the same), but the Court declined 
to allow interest upon the value of the oil so taken ex- 
cept from the date of the appointment of the receiver© 
The receiver was appointed October 31, 1915, and the oil 
was found to have been converted at various dates, vi2«, 
by the Chanslor Company from September, 1910, and by 
the Recovery Company from Octobbr, 1911, as is detailed, 
by statements of account incorporated in the record* 
Interest was allowed on the value of the oil so converted 
at the rate of seven per cent but only from the date of 
the appointment of the receiver and not from the date of 
conversion. In United States vs Hammond, 246 Fed,, 40>. . 
it was held that in the absence of a statute in cases 
of conversion, interest is not recoverable as a matter 
of right but thai- the question is for determination by 
the jury. This being the rule in an action at law, it 
is but fair to hold that in a suit in equity in the ab- 
sence of a statute, allowance of interest is within the 
discretion of the Court, In Montana Mining Co. vs St, 
Louis Mining & Milling Co,, 183 Fed*, 51, we held that 
inasmuch as the statute of Montana provided that damages 
for the wrongful conversion of property should be the 
value of the property at the time of its conversion with 
interest from that time, a plaintiff entitled to a verdict 
for ore converted was entitled to interestnupon the value 
of the ore from the date of the conversion. Drumm-Flato 
Com. Co« vs Edminson, 208 U.S., 534, was cited in support 
of the rule. In California interest at the rate of seven 
per cent is allowable on moneys received to the use of 
another and detained from him (Sec. 1917 Civ, Code); and 
by Section 3287 of the Civil Code every person entitled to 
recover damages certain, or capable of being made certain 

-45- 



GOVERNMENT SAVINGS AND THRIFT STAMPS 

DEPARTMENT OF THE INTERIOR ,' ' 

Washington ■; V '." A^ril 29, 1920* 



To Members of the Interior Department: «■-■ 



Out of-t he" experiences of war,' the American people have learned 
the power of small savings. More, than :-20, 000 ,Q00 of our. peopie^fiave lent 
the Government the billions^ of dollars necessary to' win' t he "Victory. 
People who never }cnew that .they -could sav'e put. aside small sums in order 
to aid their .country, and'-ih'the process of aiding their country they 
found that they were helping themselves'.- -that "they/ were, for the,. first 
time, putting aside something for the, future 1 *' ■, 

No apology need be-made'. for coupli-ng^wi-tlTyour pay envelopes 
theearnest suggestion that-.you hold fast "to the "thrift" idea through 
the purchase, of Government '-Savings and Thrift 3+apapsw-? Most Government 
workers are dependent entirely upon their salaries* Their first thought 
should be given to the amount that', can be taken from each pay 'envelope 
for safe investment. There -is no safer investment, than the se Thrift. 
and Savings Stamps of our Government ,•, whrdh may be purchased at any time 
from your Bureau representative on the Interior Department Thrift and 
Savings Stamps 'Committee* I '-urge their purchase as the exercise of care 
and prudence in effecting personal savings, and in .converting such say- 
ings into safe and profitable investments* '• ' '• " 

JOHN BARTON PAXNE., -. " 
Secretary, 



RED CROSS CAMPAIGN FOR VOLUNTEERS IN PUBLIC HEALTH ...SERVICE : 

To helpjcare -for 50,6.00 World War veterans buffering from ner- 
vous and mental diseases, the American*- Red- Cres,$ has been asked i. by the 
United States Public Health . Service to'-b$.gin \ national campaign for'".' '. 
Volunteers to be trained as psychiatric sepia],- workers* _ Nearly. £00 
workers will be needed before Fall;, to cure., f on these cases in Public 
Health Service hospitals' 1 * There-, are today' only 150 such .workers in 
the United States)- : and it is obviously inexpedient to take^ them Jjrom' their 
present tasks* "• . . • I \ v - ■. - ; ", .■„(...-., ». ■ \ ■ '.". r ^;: , ,' 

In accordance with this: request ,.' the Red Cros's s'efks v'oluht§ers : . 
for these positions, at salaries ranging from §1^500 to §2,i,00>a year, o,f- ; 
fering summer school "cour£es..->on a scholarship if necessary*; %o enable it . 
to provide trained .workers' by- Fall* The 'Red Cross'' is so" hard pressed in, . 
its own departments, that it will be necessary to; recruit', students from other 
groups of social workers. ; •' \ .-■■>'• J 

Smith College, North^ampt.Qn," Mass>, -the iNew York School for -Social 
Work, and the Chicago. 'School '££, CivicV and Philanthropy o'ff'er summer school, 
courses in this work '.and will.'.receive'^Red Cross studentsa", To -axe these 
summer courses, recruits must' have a college education and at least one year 
of case work experience,, This i ,emplttyment will not be tempo rary,^ figures 
compiled by the Bureau. of War Risk Insurance show, for it is estimated that 
the peak will not be reached before 1927* 

-59- - ; -■ ' 



CONSOLIDATED WORK REPORT OF LOCAL LAND OFFICES 
FOR MONTH OF APRIL, 1920. 





Case 


■ s Pend 


ling . 










. Pend- 




and 


received : 


Cases disposed of : 


: ing 


Office 


Pend- : 


Roc'd: 


Total. 


. Trans- 


•Trans-: 


.Ref'd 


: Total 


April , 




ing : 






mit 1 d 


.mit'd 


• "tor 




: 36 




April. 






• on Ap- 


.other . 


Chief- 




; 1920 




l, : 






peal 


;wise 


.Field . 








1920 : 










. Div. 






Alabama : 


► ■ . i 




■ ., 












Montgomery : 


173 : 


64 : 


. 237 ; 




: 48 


','■■■ 


48 


: 189 


Alaska ; 


















Fairbanks (a) : 


















Juneau : 


86 : 


61 : 


. 147 : 




; 17 


4 


! 21 


: 126 


Nome (a) : 








, 










Arizona : 


















Phoenix (a) J 










: '■•' ■ 








Arkansas" : 


















Camden \ 


23 ■; 


48 


: 71 




: 36 : 


; " 9 


: 45 


: . 26 


Harrison : 


114 : 


138 : 


252 si 




:, 160 : 


; 1 


1 161 


: ' 91 


Little Rock ! 


122 : 


171 : 


. 293 . 


: 3 


: 163 . 


: 17 


: 183 


: 110 


California : 


















El Centro 


: 336 : 


' 102 . 


: 438 


: 2 


70 


: 10 


: 82 


: 356 


Eureka 


186 


: 37 


: 223 


: 23 


: 4 




: 27 


: 196 


Independence 


: 235 


: 70 


; 305 




: . .57 


: 9 


: 66 


: 239 


Los Angeles 


: 237 ' 


: 199 


! 436 


: 4 


: 166 


; 3 


: '173 


: 263 


Sacramento 


: 689 


: 98 


: 787 


J . 1 


: 125 


: 9 


s 135 


i 652 


San Francisco 


: 494 


: 177 


5 671 


: 2 


: 110 


: 22 


: 134 


: 537 


Susan ville 


: 278 


\ 42 ' 


: 320 




: 52 


: . 6 


;• 58 


'. 262 


Visalia 


: 692 


; 113 


\ 805 




: 72 


l 2 


l-' 74 , 


! 731 


Colorado 


















Del Norte 


; 190 . 


: 96 


: 286 




; 136 


: 1 


: 137 


\ 149 


Denver 


: 290 


: 125 


: 415 ; 


; 1 


: 130 . 


: 1 


: 132 


! - 283 


Durango 


: 341 


r 99 


: 440 . 




: 138 


: 7 . 


:■. 145 . 


: 295 


Glenwood Spgs* 


.2119 


: 366 


,2485 


: 6 


: 199 


! 8 


1 213 ! 


: 2272 


Hugo ... 


: 17 


: 25 , 


: 42 . 




: 21 . 




: 21 


21 


Lamar 


447 . 


: 316 : 


763 : 


: 4 i 


304 ; 


7 : 


. .315 : 


: 448 


Leadville 


I 420 


66 : 


486 : 




. 110 . 


3 : 


, 113 J 


: 373 


Montrose : 


406 . 


. 141 ; 


547 : 


9 : 


; 122 : 


7 : 


138 . 


: 409 


Pueblo .. : 


.3157 s 


604 : 


.3761 ; 


2 : 


814 : 


. ■ 13 : 


829 : 


2932 


Sterling ; 


277 I 


: 117 : 


. 394 : 




140 : 


2 : 


142 : 


252 


Florida : 


















Gainesville : 


48 : 


77 : 


125 ; 




84 : 


2 : 


86 ; 


39 






-60- 



D-3'^.Oj 



I&SCbo '■'' > n r r 

Blai&foot (a)' 

■ : Ocbui" d 'Alene 
Hailey (a)' 
Ijev^ljfsi Oil 
Kansas 

Tope Ira .' 
t£ulci>.n,a 

.•Baton Pjcu'ge 
Michigan 
:Marqu6ft4^ •' 
Minnesota; ' ; 
. Cass Lake- 
: Crooks ton 
• Bulutn 
Mississippi : 
: Jackson, 
: Missouri 
; Springfield v 
.- Montana.","/ 
; .Billing^* ■" 
■ rBozepiari 
Glasgow 
Great Falls 
Havre " 
c-^H&lpna 
. ■ Kalj spell ■ 
-*< Lewi S"G o.';-n -' 
"■ Miles" City '' 

Missoula ; 
i. Nebraska 

""Alliance. .' 
• ; Broken Bow 
Lincoln : J' : 

'""NBvatia.,-. ...;, 

Carson City 
Elko'ia') 'v. : ... 
New Mexico 
Clayton (a) 
Fori'' ovmnor 
Lao Cruces 
Ro swell 
Santa Fe (a) 
Tucufnccri 
North Dakota 
Bismarck 
Dickinson : 
Hi not 
Will 1st on 
Oklahoma 
Guthrie 



(a) 



- 837. 

iai- 

95 

114 

7-9 

•1 

]49. 

276' 

•35 

.19 

■ 1 

. 171- 
.473, 

; 633 
. 839 
935 
:31. 

ieos 

3050 
• 93 

141 
78- 

10. 

424' 



1001 
1240 

- 258 

103 

139 

52 

69 

142 



3C7 






48' : '• 14 3 ; ! 



203 



9'2 •: : 17 



1 ,;•: 



26 

42' 

113 

'49 



,'122. 

,'l4o 
'4 GO 
' 135 



132 
104 

3 36 
556 

AG 



65 
39 

13 

. j 

■147. 



270 
332 

' 99 



27. ; 

r. ♦ 

; 192. ; 

3^93;; 

'85 : 

-' 67 - : 

^ • 

•' 7 : 

: 293 : 

- 634,- : 

1539'. : 

; 3^S : 

: 1418 : 

•'2147 i 

■ 135 :. 

; 1971. t; 

• 3585< :■ 

142. • 

i 

206 ; 

117 -: 

23 : : 

5713: : 



1271 
1622 

357 



27 


• . 


135 


68 


', 


257 


36 


' i 


. 33 


33 


j 


1C7 



119 



1-: 


173 : 
?3 


■ 


1: : 


69 . 




2 . 


90 

5 6' 

8 

60 
: 81 
; 47 




67 ; ; 


''" 41 ' 

i o 

108 
14 5 V 




19 


• 344 




2 


; 133 




8 : 


, 494 




1 ; 


si ' 
ill' 




2 


. 174 




4 


, 523 
: 44 : 

; 62, 
: 29 
' 12 

, ; 162 

137 




5 . 


358 




1 


: 62 
51' 




. 2 


r \-i ■' 

G ■ 




i : 


■j ■■>■ 




3 


; 85 





10 



2 
6 
4 



11 
2 
7 
1' 

106 
8 
2 



26 



184 : 


850 


23 


; 121 


70 


: 73 


94 


.• 109 


62 


: 109 



12 

60 
81 
47 

48 



109 
145 
374 
187 
509 

83 
111 
282 
555 

46 

63 
29 
12 

188 



15 

132 

308 

33 

19 



184 

479 

1265 

681 

909 

1064 

24 

If 89 

3051 



143 
88 
11 

383 



137 


: 1134 


364 


I 1258 


63 


; 294 


51 


; 84 


69 


. 183 


34 


: 54 


?Z 


; 75 


88 


: 17 



-51- 



Oregon ; 


















Burns : 


: 180 ! 


102 : 


291 : 


6 : 


49 : 


9 ': 


64 : 


227 


La Grande : 


: 625 : 


174 : 


799 : 




197 : 


55 : 


252 : 


547 


Lake view 


: 223 : 


63 : 


286 : 


5 : 


64 j 


3 : 


72 : 


214 


Portiland 


: 76 : 


82 : 


158 : 




44 : 


2 : 


46 : 


H2 


Rosuburg 


: 38 : 


317 ; 


355 . 


: 3 : 


97 : 




100 : 


255 


The .-Dalles: (a) 


















Vale 


: 467 : 


: 160 i 


- 627 , 




: 166 . 


; 13 : 


179 


: 448 


South Dakota 


















Belief ourche 


: 504 . 


' 128 


: 632 


i 2 


: 119 


; 4 - 


: 125 . 


. . 507 


Gregory 


: 129 i 


: 7 ' 


: 136 • 


: 2 


: 4 


i 2 


: 8 : 


. 128 


•Lenimon 


: 259 . 


82 


: 341 




: 97 


: 3 


: 100 


: 241 


Pierre 


: 272 . 


! 58 


: 330 




: 35 


: 20 


: 55 


: 275 


Rapid City'' 


: 1809 


: 165 


: 1974 


: 1 


: 518 


: 1 


: 520 


: 1454 


Tiafcer Lake 


: 462 


76 


: 538 




: 98 




: 98 


: 440 


Utah- 


















Salt Lake Gity(a) 


















Vernal 


: 45 


20 


65 




! 19 


: 1 


: 20 


: 45 


Washington : 


















Seattle 


t 7 


15 


i 22 


1 1 


: ' 14 




: 15 


: 7 


Spokane 


: 135 


: 61 


: 196 


: 1 


I 49 


: 6 


: 56 


: 140 


Vancouver 


39 


54 


: 93 




! 15 




: 15 . 


: W- 


Walla Walla 


: 164 . 


39 


; 203 




: 45 


: 6 


: 51 


: 152 


Waterville - 


: 302 


: 81 


: 383 




: 69 


: 3 


! 72 


: 311 


Yakima 


: 133 : 


; 29 


: 162 




: 26 


: 1 


: 27 


: 135 


Wisconsin • 


















Wausau 


: 19 • 


19 


: 38 




: 30 




: 30 . 


8 


Wyoming 


















Buffalo 


: 2052 : 


- 285 


. 2337 ! 




: 182 


5 


; 187 . 


: 2150 


Cheyenne 


: 1849 : 


336 


: 2185 


: 6 


: 596 


i 12 


: 614 


: 1571 


Douglas 


: 1918 ! 


! 517 


: 2435 


: 4 : 


i 253 


j 14 ; 


, 271 


i 2164 


Evanston 


: 252 


: 58 ' 


: 310 




51 


S 2 . 


: 53- 


: 257 


Lander 


: 532 


i 193 : 


. 725 


2 . 


i 149 




151 . 


- 574 


Newcastle 


: 1*25 


: 411 . 


1836 


: 7 


i 562 


1 : 


370 


i 1466 


Total 


:39896 


:11590 : 


J51486 . 


: ' 149 


110576 


: 502 ' 


:11227 . 


140259 



NOTE: 



(a) No report received from these offices on May 27, 1920* 



CONSOLIDATION OF CAI.IDEN WITH LITTLE : R0CK DISTRICT 
■ LAND OFFICE. 



In the Hay Bulletin it was announced that the Camden office 
would be consolidated with the Little Rack', Arkansas office on July 1st 
next. On account of recent activity inths C arid en district, due to the 
discovery of oil and gas, the Secretary has directed tnat the date of 
closing the office at Camden be postponed to December -31, 1920* 



OBITUARY . 

. A, ¥. Barber ... •......, 

Mr, Barber,, a. Civil War veteran, .entered the Surveying Ser- 
vice of the United States, in the late seventies, as a clerk in the 
office of the. U. S. Surveyor General for Dakota Territory,' at'"' Yankton, 
where he remained for a short time. In 1885,. he, as a U„" S. Deputy 
Surveyor for Colorado, executed surveys in that State under ..a, survey- 
ing contract customary at that' time. Later, about 1883, he vas em- 
ployed- in the office of U. S. Surveyor General for Florida. ..On a 
competitive examination he was appointed to service' in the' Bureau of 
Statistics in this city, and in 1893, oh a like creditable examination 
he was appointed to the surveying division of this office. 

His first important assignment was the, survey Of the t.ownsite 
of .Alva j Oklahoma, as detailed clerk. Then followed numerous assign- 
ments requiring^ expeditions to almost all the public land states. He 
examined surveys executed under contracts in Montana, North. .and South 
Dakota, Florida, Washington, California and others. He. executed 
island and fragmentary surveys in various states, including islands 
in Crab Lake, Wisconsin, and Pelican Island, Florida, the Greenwoods 
Island (abandoned) Military Reservation in Mississippi, and appraise- 
ment thereof, a number of copper mines in the Navajo Indian Reserva- 
tion, Arizona, and others, As detailed clerk he closed 'the office of 
U.S. Surveyor General for Minnesota in person in 1903, and surrendered 
the surveying records to the State of Minnesota, as required by statute 
in such cases . 

Perhaps the most important of his assignments was in 1903, to 
the examination of seven-homestead entries situated in T, 24 S., R. 1 
E., W. I.I., Oregon. His report thereon accompanied by photographs, and 
his evidence in court were of great service in the suit against Marie L. 
Ware, et al., which resulted in the conviction of a former U. S. Sur- 
veyor General for Oregon, and others in connection with land frauds in 
that State. 

For the past 15 years, with other desk duties, he has attended 
to the preparation and examination of instructions for mission and ether 
special surveys peculiar, to Alaska, and the acceptance of such surveys. 

He was a man of positive opinions, and outspoken expression- 
even where it might find him- on the unpopular side of a controversy. 
His sense of duty was the only standard he recognized. Of wide ex- 
perience and rare attainments, he gave the service the" best \ he had in 
whatever capacity he served. 



-63- 



Francis J. Parke . 

The Bulletin announces with regret the death of Francis -J.' 
Parke. Mr. Parke was born January 22, 1858, in Monroe, now West 
Virginia, but then still in the "Old Dominion." Ke entered the 
General Land Office December 15, 1885, being then appointed by 
President Cleveland as Chief of the Public Lands Division, and serv- 
ing as such until August 15, 1889. In 1887, after a course of study 
in lav/, he was admitted to the bar, and he practiced that profession 
for some years in West Virginia. July 1, 1897, he was appointed a 
special agent, and as such served the office in the Wisconsin log- 
ging districts, in Alaska, California, and elsewhere. In 1907, he 
became a clerk in the office, and served in that capacity until his 
death; since 1912, he had been an examiner in the Contest Division, 
disposing of Government hearing cases. He died Saturday, May 22, 
1920, at his home on V Street, and was buried from St. Paul*s Roman 
Catholic Church Monday, May 24, 19 20; interment was in Mt » Olivet 
Cemetery. A wife and two young daughters survive. Mr. Parke ^vas 
a conscientious public servant, and a thorough gentleman, and had 
the cordial friendship of his associates. ■ 

REGISTERS AND RECEIVERS. 

Reappointments : Kurt A. Beyreis, - Receiver, Wausau, Wis. 

Perry K. Ross, - " " Marquette, Mich. 
Sydney S. Beggs, - Waterville, Wash* 

Richard Strobach,- Register, Yakima, 
John L« Keffernan, " Marquette, ' Mich i 
George A.C.Rochester, " Seattle, Wash. 
John L. Wiley, " Spokane, 
Henry Alexander Porter " ' Vancouver, " 
Joseph Oker, " Helena/ Mont . ',.'*' 

Mack C „ Warrington " Broken Bow, Neb . 
William H. Canon, " Roseburg, Oregon. 
Victor G. Cozad, Burns, Oregon. 

Andrew J. Foster, Receiver, Lakeview, Oregon. - 

TELL THE BULLETIN. 

To all local offices and field servic e empl cyejss : 

If anything occurs, in the public land service, , which you think 
should be chronicled, tell us about it. Address all communications to 
the Commissioner of the General Land Office, "Land Service Bulletin." 
All communications should be received not' later than the 24th of each 
month for use in the current number . 



-64- 

f It CI \ 



MMD>Q 




SEMMMJa MH9 



Vol. 4. 



July 1, 1320. 



No. 5. 



THE FISCAL YEAR. 

It seems only yesterday that v/e were making our comments on the 
Fiscal Year 1919. Tine passes so rapidly in connection with the af- 
fairs of this Service, and we are all so constantly busy straining 
every effort to meet the demands" of the public in connection with the 
multitudinous matters affecting public lands, that we can Scarcely 
realize that another year has passed of which we must stop and take 
account of what we have accomplished and where we stand. 

In a legislative way, by far the most important thing that has 
happened is the enactment of the mineral leasing law of February ao , 
19?0. We expressed some views on this legislation in a previous 
number of the BULLETIN. Since then our ant ieJP^JJ f i^f/t^ 
hensions as to the activity, problems, and dxffxcultxes ^£™f 
act, have been fully confirmed so far as we have gone, ^olxc^on. 
under the Act began to come in by telegraph the day xW sxgned 
there has been no let-Up since- ita task of P^PJgJ*, tbe ffl * st 

lations for the administration of the Act ,v.s one requi.i 

diligent attention for several ™ eks ^« "° ^™^nf appt/ing the Act 
the hundreds of communications since in cons„ruxng ano app j 

The greatest activity, of course, was to secure o*M £££■£ 

permits. A number of local offices b« ^£* ^£~£ ^ Montana, 

happened that in some sections, particularly in ./or. ng a 

i^ortant and unexpected discoveries were rn.de at u^t^ ^^ 

passage of the Act. The result was tnat ^.^f *£ *il ^th the 
lies around at once became prospectively valuable for oil * 



mi 



consequent intere 



nee became pros pe ^x :: ^^ ; ^ :r estima te at 
st and excitement. -As nearly as wo ^o-w 



present, probably 3.000 applications for prospecting permits have been 
filed. We have had to provide a special organization to handle this 
work- As yet comparatively few applications under the relief provisions 
of the act have reached this olfi-c©,- consequently, the business under the 
Act representing the great values has as yet scarcely been touched* 

In the matter of appropriations for 1921, we have been only fairly 
successful in procuring what we considered necessary to meet the needs 
of the service. During 1920 we ran clear up to the limit and had to 
curtail expenses materially on "Surveying the Public Lands," the appro- 
priation for the Field Service, and the appropriation for "Contingent 
Expenses of Local Offices." The appropriations for "Surveying the Pub- 
lic Lands" and for the Field Service are the same as last year, namely, 
$700,000 and $500,000, respectively. Recommendation was made that the 
per diem allowed employees under these two appropriations be increased 
from $3.50 to $4.00. This recommendation was turned dov/n by the House 
Committee and by the House, and later by the Senate Committee, follow- 
ing Which we succeeded in getting the $4.00 provision inserted on the 
floor of the Senate, and then, much to our disappointment, the change 
went out in conference, $50,000 of the surveying appropriation is made 
available for the survey, classification, and sale of the 0. & C. and 
Coos Bay grant lands, and $10,000 is made available for the payment of 
employees assigned temporarily to the General Land Office. $25,000 of 
the Field Service appropriation is made available for purchase and 
maintenance of automobiles. The proposition to increase the maximum 
salary of Field Service employees failed. The appropriation for "Con- 
tingent Expenses of Local Offices" was increased from $350,000 to $375,000. 
The maximum salary of land office clerks in Alaska was fixed at $2250. 
Tnis was apparently aimed at one clerk at Fairbanks who has always re- 
ceived $2400.; the reason for this reduction we are unable to discover. 
While some employees in local offices may be disappointed in the pro- 
motions they would have received, they may rest assured the "cloth" 
has been carefully cut, and if the present activity keeps up, we will 
need every cent of this appropriation to meet the year's expenses. The 
appropriations for the support of offices of Surveyors-General are car- 
ried in the Legislative Bill. This passed the House in accordance with 
the estimates, but the Senate Committee on Appropriations adopted all 
the decreases and rejected all the increases, whereupon it was necessary 
very promptly to get the facts before such members as we could mtereso 
in replacing the items as same passed the House. Fortunately, this was 
accomplished. There were no increases in the salary appropriation lor 
the Washington office. 

The routine work of the office in the meantime has gone on apace, 
as indicated by the fact that we have issued 65,734 patents, the largest 
number issued in any year since 1911. When we consider all the Steps ^ 
and proceedings that must be gone through with before, a patent issues, 
the survey of the land, the entry at the local office, the proof, , tne 
investigations and perhaps contests, the adjudications, correspondence , 
and notations of the records, - the issuance of this number of patents 

-2- 



indicates that work has been going on all along the line during the pact 
year. c 

.■ . , W i*?? Ut . g ° lng int ° detail 0f the numerous matters that will be 
stated fully m due time in the \nnual Report, reference fco afew high 
points may be of interest. The Field Service reported on 19,568 cares 
in tne 11 months of 1920 as against 17,399 for the vear 1919. Ar a 
result of Field Service investigations, nearly two and one-half million 
acres additional were withdrawn for stock -driveways, bringing the total 
withdrawals for this purpose up to 8,893,258 acres. The long continued 
investigation, hearings, and trials of cases, both in the Land Office 
and tne courts, affecting the sunk and lake lands of Arkansas, have been 
going on until an aggregate of about 150,000 acres have been made avail- 
able for settlement, some of which is alleged to be now worth §150. an 
acre. This year has witnessed the practical completion of the classifica- 
tion of something over two million acres of 0. & 0. grant lands, of which 
some 800,000 acres have now been opened to entry under the homestead law, 
and on the balance we have cruised some 30,000,000,000 feet of timber. 

In the Land Grant Division we have approved State Selections to the 
amount j>f 1,485,761 acres, and Railroad and Wagon Road grants to the ex- 
tent of 527,640 acres, and swamp grants to the extent of 13,710 acres. 

In the matter of accepted surveys and re surveys, we have done un- 
usually well, the aggregate area being 12,428,000 acres. The most im- 
portant feature of the survey work is that, for the first time for a 
number of years, the regular routine work of taking action on approved 
surveys is practically up-to-date. We have been looking forward to this 
condition for a number of years, and it is a great gratification to be 
able to eliminate the delay that" has always existed after surveys were 
completed in the field and in the office of the Surveyor-General before 
the plat could be filed in the local office. 

A good index of the amount of material that goes through an office 
in a year is the amount of typewriting turned out. The total pages 
written in the year 1919 was 273,352, while in 1920 the record was 
315,156. This is exclusive of a considerable amount of work done by 
special stenographers assigned to particular officers, of which no 
account is kept. Five years ago it required more than 60 stenographers 
to handle the stenographic work of the office, while the average number 
of stenographers for 1920 was 34. 

One of the most remarkable and unexpected aspects of our work is 
the heavy increase in the amount of certified copies that we are called 
upon to furnish, as compared v/ith former years. For eleven months of 
1920 this amounted to 105,363 pages. The making and furnishing of these 
certified copies necessitated the writing of 30,000 to 40,000 letters. 
When it is understood that the making of the copy itself is the least 
part of this work, the main part being the search of old records to 
ascertain what to certify, we can better understand what this means. 

In several departments of our work, both in the field and the office, 
and particularly the Washington office and local offices, we have been 

-3- 



seriously put to it to recruit and retain sufficient employees at the 
salaries we are able to pay. Many have left our service and we have 
been compelled to take in many new and inexperienced employees, all of 
which makes for inefficiency* Hence , we feel no little satisfaction 
in having been able to "get by" as well as we have; the older and more 
experienced employees all along the line, who have taken the brunt of the 
work and carried the load, are all deserving of much commendation. 



-4- 



DEVELOPMENT OF ALASKA. 

Plans are now being worked out for the greater development of Alaskan 
resources through policies which will attract new capital and improve 
transportation connections with the United States, is announced by John 
Barton Payne, Secretary of the Interior. Recommendations made in the 
report of a special committee appointed to study the Alaskan situation 
have been approved by Secretary Payne and he has instructed the Com- 
mittee to put them into effect as soon as possible. 

Two of the most important steps taken by the Department of the Interior 
are efforts to consolidate the two American shipping lines now serving 
Alaskan ports with a view to greater economy and efficiency, and consolida- 
tion of Federal supervision of Alaskan affairs to secure prompt action. 

Cooperation of the commercial organizations 'now interested in' Alaska 
is expected in the plans for the opening of the resources of the Territory* 
Conferences are expected to be held shortly with representatives of the 
Pacific Steamship Company and the Alaska Steamship Company, at which their 
opinions will be expressed,. The purpose of the Department is to open the 
country generally to Americans. 

"Alaska has immense natural resources which have never been developed 
properly," said Secretary Payne. "During the war the white population of 
the Territory actually decreased from 50,000 in 1915, to 36,000 at present 
and the output of minerals and other industries showed a similar decrease, 
The rich mining, agricultural and fishing reserves of the region have 
never been made properly available. Under the policies which the Depart- 
ment of the Interior is now putting into effect an opportunity will be 
given for the investment of new capital. 

"Exploitation of the resources of the Territory will not be turned 
over to one interest or group of interests. Improvement of shipping and 
railroad facilities is undertaken with the purpose of admitting fresh 
capital and opening the country for settlement by American citizens. 

"The first step in this direction is the lowering of freight and 
passenger rates and the improvement of transportation and mail service 
through economies introduced by combination of two existing steamship 
lines into one, which the Department hopes to effect. 

"Concentration and coordination of federal control of Alaska lands 
and resources is contemplated by obtaining legislative authority for an 
Alaska Development Board, and, pending this, by the appointment of an 
Inter -Departmental Alaska Committee. 

"Other plans include the coordination of Federal road construction:, 
and the development of a plan for a comprehensive system of roads and 
trails to serve the entire Territory. Also the requesting of an ap- 
propriation of at least one million dollars for the inauguration of 
this system. 

-5- 



"Investigation of the feasibility of smelting Alaska copper ores on 
a commercial basis within the Territory will be undertaken. Of great 
importance also is the immediate development of an Alaska pulp-wood in- 
dustry, and additional surveys of timber and water power looking to the 
largest possible development of this industry." 

The policies endorsed by Secretary Payne are based upon a report 
just submitted by a committee consisting of Dr. Alfred H. Brooks, Chair- 
man, representing the Department of the Interior; H. Y. Saint, for the 
Shipping Board; Otto Praeger, Second Assistant Postmaster General; and 
E. A. Sherman, Department of Agriculture. The Committee has completed 
a month's study of the Alaskan situation, involving extensive hearings 
in Seattle at which representatives of various Alaskan interests were 
questioned. 

The total value of Alaska's mineral, fish, fur and other products 
from 1867 to 1919 has been approximately one billion dollars. The most 
prosperous year was 1916, when the total output was 089,000,000. Alaska 
contains extensive areas of farm lands suitable for raising the hardier 
grains, including wheat, potatoes', forage crops and many varieties of 
vegetables. The timber resources include about 75,000,000 acres of forest, 
Nearly all of Alaska's resources are directly, or indirectly, controlled 
by the Federal Government. About 99 per cent of the land is still in 
Government ownership. The development of coal and oil deposits is under 
Government leases. Water power and fisheries are under Federal control 
and nearly all Alaska timber is in Government ownership, 



SURVEY NOTES. 

Tenth Anniversary of Direct System of Surveys. 

June 25, 1920, marked the tenth anniversary of the inauguration 
of the Direct System of Surveys. By Act of Congress approved June 25, 
1910, the old system of surveying the public lands by contract was dis- 
continued and the work placed under the direct supervision of the Com- 
missioner. . The wisdom of such a step was manifest to all, but perhaps 
comparatively few, even in later years, understood and fully appreciated 
the absolute necessity for Congress making some change in system about 
that time that would insure a proper continuance of the work of survey- 
ing the public lands. The immense areas embraced by the middle states 
had been surveyed in their entirety long ago; the fertile valleys and rich 
plateaus of the Rocky Mountain, Inter-LIountain and Pacific states had been 
covered in large, measure by the rectangular net, and even the desert waste 
and mountain wilderness of the lands "that God forgot," seemingly secure 
from the desire of man, had received their share of attention m no small 
degree in the matter of survey under special laws, where the general ap- 
propriation, the use of which is restricted largely to surveys for settle- 
ment, did not apply. This vast expanse of the earth's surface had been 
surveyed under the contract system and much of it had been settled upon 
and passed to private ownership. Many of these earlier contract surveys 
were well executed and faithfully served the purpose for which they were 

-6- 



intended. There were a number, however, especially in the Rocky Mountain 
states before the days of efficient field inspection, that -zero hastily _ 
and carelessly made, and a small number that were fraudulent ana mythical. 
The gross errors in, anu occasionally the absence altogether of, theje 
latter surveys were usually never discovered until afoer the country to 
which they related began to be settled upon, cr v;her new surveyr were to 
be initiated therefrom* 

Thus in the year 1910, public land surveying had assumed some en- 
tirely new and unlooked-for aspects. The great expanse of virgin prairie, 
of level, treeless plains, of open bench land, of wooded hills and of 
profitable state and. reservation boundaries, for the survey of xvhich there 
had been lively competition, amongst contracting surveyors, had been •prac- 
tically completed throughout the entire United States. The business of 
surveying the public lands in its generally accepted sense, the . compara- 
tively simple process of "sectionizing" the country, a procerus that had 
been employed for a century and a quarter, • was ^approaching its final 
stages for want of new worlds to conquer. Surveys of fragmentary and 
remotely situated groups and of isolated tracts in the rougher country 
were beginning to require more attention. The location and acceptance 
of initial and control lines, which had been always' considered as mere 
incidents of the survey, were becoming problems fraught with uncertainty 
because of obliteration or the mythical character of the surrounding sur- 
veys. Engineers of standing were loth to risk their fortunes and their 
reputations on such work on a contract basis. As a consequence, in every 
state, there were numbers of complicated, isolated, fragmentary surveys 
which no qualified surveyor would, undertake to execute by contract. But 
the work must be done and the contract system was still in force. Finally 
a per diem system of payment nvas worked out, whereby the surveyor con- 
tracted to complete a survey at a stipulated amount a day for a limited 
number of days. This system took care of a few of the more favorable 
cases, but the great majority remained untouched. Furthermore, the neces- 
sity for executing re surveys in certain of the states, Colorado, Wyoming 
and Nebraska in particular, was becoming more urgent. Few engineers were , 
qualified by training to perform this intricate and painstaking class of 
work, and those who were equipped hesitated to undertake it under con- 
tract, even under the newly inaugurated per diem form of contract, on 
account of the uncertainty as to even the approximate extent of retrace- 
ment and re -establishment that would be necessary in order to find and 
establish a proper base for. the work, and the utter guess-work as to. 
possible conflicts of claims and oth&r survey complications that might 
develop with the progress of the resurvey. The old contract system had 
served its period of usefulness, and would have died in a short time- any- 
how of natural causes had not Congress by one stroke on June 25 , t 1910, 
abolished it by inaugurating the Direct System. 

The idea of a direct system of surveying the public lands was not- 
new in 1910. It had been hinted at and suggested from time to time for 
many years past as the only system under which the public lands should 
be surveyed. President Cleveland, however,, first put the idea in con- 
crete form in his second annual message to Congress on December 3, 1894. 
He said "The suggestion that a change be made in the manner of securing 
surveys of the public lands is especially worthy of consideration. I am 
satisfied that these surveys should be made by a corps of competent sur- 

-7- 



veyors under the immediate control and direction of the Commissioner of 
the General Land Office." President Cleveland undoubtedly foresaw the 
inevitable end of the contract system and recommended the system that 
should take its place. Favorable action on the recommendation was some- 
what delayed, but it was finally taken and undoubtedly at a most op- 
portune time. 

Transfer of parties engaged on Indian Surveys * 

Owing to the practical exhaustion of the appropriation for Survey- 
ing and Allotting Indian Reservations for the current fiscal year and the 
fact of the extremely small appropriation for Indian surveys for the next 
fiscal year, it was found necessary to transfer, during the latter part 
of June, field parties engaged on Indian surveys in Minnesota, Washington, 
Oregon, California, Arizona, Nevada, Montana, and New Mexico, to surveys 
under other appropriations, principally the appropriation for Surveying 
the Public Lands. Surveys on the Hualpai Reservation, Arizona, however, 
are being continued under Departmental authority, the expense thereof 
being now paid from funds deposited by the railroad company under the Act 
of June 25, 1910, and an equal amount from the appropriation of March 2, 
1895. The surveying parties on Indian lands as a rule were transferred 
to other fields within the same state. The Minnesota parties, however, 
were sent to the western states; A. N. Ximmell and Earl G. Harrington, 
U. S. Cadastral Engineers, going to Colorado, and A. J. Buttrick and 
William E. Hiester, U. S. Transitmen, going to Montana. Hal D. Craig, 
U. S. Transitman, after a short stop in Denver, where he will assist 
Arthur W. Brown, U. S. Cadastral Engineer, in the preparation of re- 
turns of Florida surveys, will proceed to Utah for field duty in that 
state. 

The Supervisory Corps - 

With the beginning of the new fiscal year the Assistant Supervisors 
of the several districts are perfecting their plans for their usual ex- 
tended trips of inspection to the field parties of their districts. Mr. 
Horton will spend a large part of his time during the summer and fall 
months with the Arizona parties, making occasional trips to the com- 
paratively few California parties under his supervision, as occasion 
demands. Mr. Spofford, as usual, will have his time fully occupied with 
his many parties in Idaho, Washington and Oregon. Mr* Harrison has al- 
ready made several trips to the field, and will leave again shortly for 
a tour of inspection in the mountainous country. Mr. Kirkpatrick will 
divide his time between Utah and Nevada. Mi> Sweitzer will devote a 
large share of his time to personal inspection and supervision of the 
work of completing South Dakota surveys. Mr. Jaeckel, after completing 
his work on the Western Slope in Colorado, will put in a large part of 
his field time with parties in Wyoming. Mr. Compton will continue to 
make short trips to the field during the coming months as he has been 
doing in the past. On account of the transfer of the Minnesota parties 
to the western states and the impossibility of undertaking the Cheyenne 
River Indian Reservation surveys at this time, Mr. Kidder's field plans 
have undergone some changes, which will, however, enable him to give 
more time to important office matters requiring his attention. Mr. 
Walker will make his annual visits to the parties on the Kenai Peninsula 



and in the interior of Alaska, and make such observations as will enable 
him to make recommendations for the expansion of surveys in the future. Mr. 
Johnson will shortly visit the Northwest and the Inter-Mountain states with 
a view particularly to studying at closer range the survey labor situation 
and camp transportation problems. 

Personals . 

Clarence R. Craig, formerly financial clerk in the office of the 
Surveyor General at Phoenix, resigned recently to accept the position of 
executive Secretary of the First Presbyterian Church at Phoenix. 



S. ¥. Goodale, Examiner of Offices of Surveyors General, visited 
Neligh, Denver, Cheyenne and Reno on his return last month from Washington 
to San Francisco. 



Otis Ross, U. S.- Surveyor, passed through Juneau, Alaska, on May 14th, 
en route from the field in Arizona to the Kenai Peninsula, Alaska, where he 
will execute the surveys under Group No. 18. 



■ . Fred Dahlquist, U. S. Surveyor, left Juneau May 16th, with party of 
seven, for Group No. 15, in the Chitina Valley, between Willow Creek and 
McCarthy. The surveys will be extended by traverse from the Copper River 
Meridian and will embrace the locations of about twenty settlers in the 
Chitina Valley and cover ether agricultural lands. 



E. D. Calvin, U. S. Transitman, has a party On Group No. 13, Alaska, 
and is executing surveys in the Strawberry Point district. The rectangular 
net is being extended to this district by latitude and longitude position 
from the Coast and Geodetic Survey triangulation. 



The field parties of Warner, Abbey, and Guerin, were delayed for 
some time at Skagway on their way to the interior as the first boat down 
the Yukon did not leave White Horse, Yukon Territory, until June Itrth, The 
latest the ice has ever gone out of the river. 

Field Parties . 

The mid-month report from the Supervisor of Surveys for June shi 
that there were 76 surveying parties in the field, 45 of which we ra on 
regular work, payable from the annual appropriation for Surveying -ne^ 
Public Lands, and 31 on other work, payable from Special funds, me .otal 
is lees by 22 than the number of parties in the field for the same period 
a year ago, but the number assigned to special work is an increase by 18 

-9- 



over that of last year. 

Re survey in Utah . 

The General Land Office was authorized, by section 1 of the act 
of April 15, 1920 (Public No. 177, 66th Congress), to survey and plat in 
such a manner as will segregate the several holdings of the bona fide 
occupants any public land that may' be found to lie in front of the meander 
line of Great Salt Lake in Sees. 10,; 15, 22 and 27, T, 8 N. , R. 2 W. , 
S. L. D. and Li., Utah, as a prerequisite to the disposal of the lands 
under sections 2 and 3 of said act. Immediately upon receipt of an of- 
ficial copy of this act, the U. S. Surveyor General was advised as to 
the surveying requirements and directed to make special the preparation 
of the instructions for the surveyor to be assigned to the work. The 
instructions as submitted under the date of June 5, 1920, were approved 
by this office the same mdnth, a.nd it is anticipated that the assignment 
will present many interesting problems to the surveyor from a technical 
stand point. 

Hualapai Survey . 

The discontinuance of the surveys on the Hualapai Indian Reser- 
vation, which involves 75 per- cent of the field work. in. the State of 
Arizona, was threatened by the exhaustion of the appropriation for Sur- 
veying and Allotting Indian' Reservation. 

Under Departmental decision of October 2, 1919, the expenses for 
these surveys were being paid jointly from the deposits made by the 
Santa Fe Pacific Railroad Company, under the requirements of the act of 
June 25, 1910, and the said Indian fund. Prompt action in securing 
authority to substitute the appropriation for Surveying Within Land 
Grants Reimbursable, under the act of March 2, 1895, for the appropria- 
tion for Surveying and Allotting Indian Reservations for the Govern- 
ment's moiety of the expenses avoided kny interruption in the field work. 

New Solar Transits i . 

The inspection and acceptance of 8 solar transits for the Sur- 
veying Service recently ordered from W. and L. E« Gurley, made it neces- 
sary for Mr. A. D, Kidder, Associate Supervisor of Surveys, to visit the 
company's plant at Troy, New York, during the latter part of the month. 
The specifications for this particular type of instrument , peculiarly 
adapted to surveying the public lands, were the result of intensive 
study given the solar transit by Mr. Kidder, based upon his engineer- 
ing knowledge and experience gained in developing the same type of 
instrument purchased from other makers in recent years. 

Accepted Surveys . 

The record kept by the drafting division of this office shows 
that the area of accepted surveys and re surveys for the month of June, 
reached a total of 560,914 acres, a slight falling off from last 
month's figures. There were 73 township plats examined and passed, 

-10- 



and 28 supplemental plats favorably considered. In' this connection, 
anticipating the issue of the Annual Report for 1920, it is interesting 
to note that the records show the grand total of surveys and resurveys 
of public lands for the yoar just closed was 12,478,715 acres which is 
4,810,201 acres in excess of the previous year's output and second only 
to the banner year of 1915, when over 13,000,000 acres of accepted sur- 
veys were placed of record. The State of Arizona has the honor of lead- 
ing the list with over four million acres, followed by Montana with about 
half this amount. 



FIELD SERVICE NOTES. 
From Denver . 

On June 10 Ernest W. Roberts and George F. Roberts were con- 
victed in the United States District Court at Denver of intimidating 
and interfering with the civil rights of a number of homesteaders, under 
Sec. 19 of the Penal Code. The Roberts Brothers are wealthy and influen- 
tial stockmen in Northern Colorado, and it is believed that their convic- 
tion will have a salutary effect in this State and give added protection 
to homesteaders , many of whom have been harassed in the past by unscru- 
pulous ' stockmen. Special Agent J. D. T.IcLeod and Mineral Examiner C. L. 
Duer, who made the investigation and report on which this case was based, 
are entitled to much credit for the successful prosecution of these men. 



Dr. Albert R. Bailey was arrested in Denver on June 17 under an 
indictment returned at Kansas City, Missouri, in Hay, against him and 
nine other officers and agents of the Western Oil and Shale Land Validat- 
ing Company and the Oil Development Corporation for violation of Sees. 
37 and 215 of the Fdderal Penal Code. Bailey was arraigned before U.S. 
Commissioner Stone at Denver, and placed under bond in the sum of v 7500, 
which was furnished, to appear for trial at Kansas City on November. 1,1920 



Many citizens of Colorado are very glad to know that the federal 
water power bill has finally become a law. Colorado has considerable 
v/ater power already developed -- probably 125,000 horse power per annum. 
A conservative estimate has placed the proven water power of Colorado at 
3,000,000 horse power per annum, or enough power to take the place of 
100,000,000 tons of coal annually. Colorado mines 11,000,000 tons of 
coal each year. 



Carey Act Inspector Wells , who has been investigating irrigation 
propositions in Oregon during the past six weeks, has returned to his 
Denver headquarters and is studying up and writing out his reports on 
these investigations. 



-11- 



Special Agent Edward Doyle has been carrying his right arm in a sling 
for the past two weeks, due to an accident from a kicking Ford or. -one 
deserts of Nevada, . 

Frora Helena. 

deferring to 'the Bulletin of April last, with rospect to tha in- 
dictments and trials for perjury of David F.' and Kirk Gilstrap, a report 
frora Special Agent Bluraer has bee;-; received to the effect -char, at the 
recent special term of the United States Court in Great Falls, Montana, 
these defendants were each sentenced by the Court to sixty days in the 
Chouteau County Jail, at Fort Benton, Montana, and each to pay a fine of 
y75 without costs. A stay of execution for thirty days was granted to 
David F„ Gilstrap. 



NOTES FROM THE. FIELD SERVICE COURT DOCKET. 

One suit in Colorado for coal trespass settled by offer of $10,000. 

One suit won in Llontana to vacate patent recovering 310,48 acres. 

One suit won in Arkansas ".Bagwell's Lake" quieting title to about 
625 acres and recovering v 1,200 for tinber unlawfully cut* 

Cancellation of grant of right-of-way in one case £n Coldrado as the 
result cf judicial proceedings. 

One conviction in California under Section 37 of the Penal Code re- 
sulting in sentence of one year and one day in prison and fine of v2,500. 

Conviction of the Roberts Brothers in Colorado under Section 19 
of the Penal Code. On October 7, 1919, George F. and Ernest W. Roberts 
were indicted for the intimidation of homesteaders in Larimer County, 
Colorado . 

Sentence imposed in two cases for perjury in Montana - 60 days each 
and fines of 075 in each case. 

CATTLE KING AND NESTER. 

Into the musty records of the Federal court in Denver the other day 
was written the last chapter of a spectacular and turbulent phase of the 
history of the old romantic open range. Two eastern Colorado cattlemen, 
indicted on a charge of intimidating homesteaders on government land^ 
were found guilty by a jury and face a maximum penalty of ten years im- 
prisonment and 05,000 fine. The verdict, duly noted in the daily rwn of 
news, is fraught with far greater significance than the words of the fore- 
man of the jury revealed. It means that the lowly nester has at last 
humbled the feudal barons of the plains to the level of the law. 

-12- 



Since the earliest days of the West the continuous friction between 
the lordly cattle king and .the modest homesteader has upset communities, 
provoked physical encounters without number and challenged the imagina- 
tion of the novelist. The cattleman, owner of great herds and accustomed 
to letting his steers roam the, immense grazing territory controlled by the 
government, has always resented the gradual, but relentless, encroachment 
of the homesteader, come- west to make a home for himself and family, develop 
the land, raise crops and introduce the conventions and restrictions of 
more settled conditions. He has seen his princely empire, which, in epite 
of its public ownership, he had come to regard as his personal property, 
little by little slip from his grasp. The encircling sweep of the barbed- 
wire fence, erected to protect crops and denize"ns of- the barnyard, was the 
crest of the advancing wave of a new order. The result was, in many in- 
stances, a declaration of open warfare. 

In the hostilities which have consequently marked the onward march 
of the home maker the latter has often found himself at a disadvantage the 
strength of numbers and wealth usually being found on the other side. Of 
course the acts of lawlessness which grew out of the controversy can be 
attributed only to a small percentage of the cattle growers, most of whom 
obeyed the law and let the homesteader -alone . Those who took the law into 
their own hands, however, neglected no opportunity to harass and annoy the 
nester, making life unbearable at times, destroying property, trampling 
crops and even exerting the influence of the ever-present six-shooter in 
behalf of their gentle arguments. 

But- now the- day when the cattle king exercised the power of the 
high, the middle and the low' ju'stice has gone, to return no more. The 
majesty of the established law has intervened to protect the little fellow 
with his cabin and newly-cleared ranch. The government has^long fostered 
his ambitions to become a producer and has always viewed with concern the 
efforts of the cattlemen to run him out of the country. There may have 
been justice on both sides. Ho doubt the nester occasionally gave trouble 
and proved a thorn in the side of the cattle interests. But m general _ 
he was the under dog, suffering privations and hardships and poorly equipped 
to wage the battle thrust upon him. The sympathy of the public has been 
With him and his victory will be popular. To his tenacity and dogged 
courage the Y/est owes much 

Uncle Sam has now served unequivocal notice on his enemies to 

?quit shovin'"and let him live in peace. ■«-,»- 

-^ _ Denver limes. 



-13- 



GENERAL LEASING ACT - REGULATIONS - INSTRUCTIONS AND 
; RECENT RULINGS - 



The different substances covered by the provisions of the general 
leasing act of February 25, 1§20 (Public No. 146), have each been made 
the 'subject of regulations .and instructions with the approval of the 
Secretary of the Interior, and are designated by the following circular 
nunibe rs . 

Oil and Gas, Nos. 672 and 676; 

Oil Shale, No. 671; ' * 

Coal, No. 679; 

Phosphate, No. 696, and 

Sodium,' No. 699 . 

A reference to these circular numbers by correspondents is suggested in 
all cases where circular information is desired- 

The calls upon the Department for its construction of the provisions 
of the general leasing act, especially with respect to oil and gas, are 
so frequent that the Bulletin presents herewith some views of the Depart- 
ment as expressed in recent rulings, and in response to specific inquiries. 

DIGEST OF SOLE RECENT RULINGS IN RELATION TO OIL 
; - AND GAS PERMITS AND LEASES. 

Conflicting; Preference Rights Under Sections 19 and 20 - 

The. preference right attaches to the claim first initiated and legally 
maintained. A locator of a mining claim who has complied with all the pro- 
visions of Section 19 of the act, will be entitled to a preference right 
over a homestead entryman whose entry was made after the location, the 
homesteader, however, being entitled to hold the surface -right. If the 
homestead entry was made prior to the date of the placer location, the 
homestead claimant will have the superior right , except in the case of 
a "stock raising homestead, wherein all minerals are reserved to the United 
States . 

Permit for Unwithdrawn Land Covered by Agricultural Entry, . 

No permit will be granted until entryman has .elected to take patent 
with reservation of oil and gas to the United States. If such a waiver is 
filed, entryman has preference right to permit or lease for lands covered 
by such entry. 



-14- 



Preference Rights Under Section 20 . 

Preference rights under Section 20 will be granted in cases where 
entry was made prior to February 25, 1920, for umvithdrawn or unclassified 
lands, without any reservation of the minerals by the United States, and 
thereafter the claimant files a waiver of his right under the entry to 
the oil or gas. No preference right where land is covered by stock-raising 
entry, nor entry made subject to the Act of July 17, 1914, with oil and 
gas reservation. 

Assignability of Permits . 

Right to a permit is not assignable, but after permit is granted, it 
may be assigned upon consent of the Secretary of the Interior, first had 
and, obtained. 

Incontiguous Tracts . 

Incontiguous tracts within a limited radius may be included in a 
permit where conditions are such that, because of prior disposals, a 
reasonable area of contiguous land can not be procured. 

Operating Leases and Permits While Application is Pending . 

No objection will be raised to the operation of a producing well "ay 
a qualified claimant during the pendency of his application for lease, 
but he will be liable for whatever royalty is fixed by the lease for pro- 
duction during that period. An applicant for permit may do prospecting 
work at his own risk during the pendency of his application. 

Pending Application for Permit, Land Designated as Oil Structure . 

Yihere after application under Section 13, for a permit, and before 
permit is granted, the 1 land is designated as within the structure of a 
producing oil or gas field, permit can not be allowed, and all rights 
under the application will fall. 

Preference Right under Section 20 . 

A permit to prospect will be granted an applicant entitled thereto 
under Section 20 of the act, notwithstanding the land is part of a pro-^ 
ducing oil structure, where no oil has been discovered on the land applied 
for, provided that only one permit may be granted in the same structure to 
the, same applicant. 

Carey Act Selections as Affected by Leasing Law . • 

The lands in a Carey Act segregation come under the provisions of 
Sec. 2 of the oil and gas regulations, and permits and leases may be granted 
for such lands, subject to such stipulations and requiremenxs as the Govern- 
ment may impose for the protection of the reclamation project, to the end 
that the best development of the lands, both .for mineral and agricultural 

-15- ' 



purposes, may be accomplished. 

Neither the State nor its. contractor would he entitled to any 
preference right under -Section, 20 of the act, and whether a .Carey Act 
entryman would have such a right would depend upon the conditions af- 
fecting his entry being such as'to bring him within the provisions c£ 
Section 20. 

Drilling; Contracts Under a Permit . 

If a contractor desires to be recognized in connection with a 
permit, he must file his contract for approval and be charged with the 
interest covered thereby. It is not necessary for him t-q do this and 
if he desires he may explore the land under contract with the permittee, 
and bring his contract to the attention of the Department only if and 
when he desires to be recognized as interested in such lease as may be 
applied .for. 

Office Practice - Conflicting Applications . 

The issuance of a permit should be deferred, where all is regular 
and the applicant appears entitled •'to. .the permit, until the conflicting 
applicants have been notified that their applications have ,been_ re jected, 
because subsequent in time, subject to the right of appeal vathm fifteen 
days from receipt of notice. 

Posting Notice by Agent . 

Under the law, the action of an agent in posting notice is the 
action of his principal, but the . application for permit may not be exe- 
cuted by agent. 

Permits of Corporations as A ffnr.+.P.A hv Stockholder's Permits. 

The maximum number of permits to a corporation is not limited_by 
permits of individual stockholders, but a corporation may -have an interest 
in not more than three permits in same state, directly or indirectly. 
Individual may hold direct interest in not more than three permits and 
his total interests as permittee and stockholder may not exceed an ag- 
gregate of 7,680 acres in the same state. 

Preference Right Permits to Qualified Assignees - 

Section 19 of the act of February 25, 1920, is construed to permit 
qualified assignees since October 1, 1919, to secure preference^ ng.it 
permits, but no such transferee will be permitted to hoid perm^r, . e..- 
ceed$£ 2560 acres for such lands in the same geologic structure, nor 
more than three times that area in the same state. 

Permits in Alaska. 

The same rule applies in Alaska as in the States; that is not more 
than one permit in same structure. 

-16- 



. MINERAL LEASING ACT - PIACER LOCATIONS 
LETTER OF ACTING SECRETARY VOGELSANG TO HON. Villi. E. MASON. 



Hon. William E. Mason, 

House of Representatives. 
My dear Mr. Mason'': 



April 28, 1920 



I am in receipt of your letter of the 19th instant, inclosing one 
from Mr, Charles J. Gantzer of 2833 West Lake Street, Chicago, Illinois, 
which in turn incloses a memorandum from Hon. F. Chaitterton of Wyoming, 
on the subject of the construction by this Department of certain provisions 
of the Act of February 25, 1920, commonly known as the mineral leasing law, 
in the regulations for the administration of that Act. 

As nearly as I can judge from Mr. Chatterton'.s statement he is argu- 
ing for a construction of Section 37 of this Act that would have the re- 
sult of validating so-called "paper" locations of placer mining claims, 
and assuring the ultimate right to absolute patent to such claims in case 
of discovery. Such locations consist merely of setting stakes to in- 
dicate the boundaries, posting a notice, and perhaps filing that notice 
in a proper recording office. It is understood that practically all the 
public domain, having any possible prospective value for oil, is covered 
by such "locations." I cannot believe that Congress had any such inten- 
tion nor does the language of the Act justify any such conclusion in my 
judgment . 

Under the express requirements of the mining laws and the decisions 
of all the courts covering a long period of years, discovery of mineral 
has been the sole basis for the location of a mining claim. Without such 
discovery the mere posting of notices and marking of boundaries creates 
no right whatever. 

The mining law does give the right to any citizen to explore the pub- 
lic domain to find mineral; hence, the courts have protected a citizen 
in actual physical possession of a prospective claim on the public domain, 
while he is engaged in diligent prosecution of work leading to discovery 
of mineral, but this is as far as the courts have gone. As applied to 
oil lands, this rale, was well stated by the Supreme Court of California, 
in the case of McLemore v. Express Oil Company (158 Cal., 559), in the 
f o 1 1 o wi np laneu a ge : 



'o 



"But where the location is incomplete, no question of assessment 
work is involved. What the attempting locator has is the right to 
continue in possession, undisturbed by any form of hostile or 
clandestine entry, while he is diligently prosecuting hiswwork'-'-to 
a discovery. This diligent prosecution of the work of discovery 
does not mean the doing of assessment work. It does not mean any 
attempted holding, by cabin, lumber pile or unused derrick. It 
means the diligent, continuous prosecution of the work, with the ex- 
penditure of whatever money may be necessary to the end in view." 



-17- 



These propositions of law were reiterated by the U. S. Supreme Court, 
as recently as March 15, 1920, in the case of Cole v* Ralph. 

From the above it vail be seen that no rights whatever could be ob- 
tained by mere staking and posting without same was diligently and con- 
tinuously followed up with work leading to discovery. Sec- 37 of the new 
leasing Act excepts from the operation of that .Act "valid claims existent 
at date of passage of this Act and thereafter maintained in compliance 
with the laws under which initiated, which claims may be perfected under 
such laws including discovery*" Obviously, a valid claim under the for- 
mer law is one that the courts and the Land Department will protect and 
respect as against the claims of other persons or the Government; the mere 
staking and posting of notices does not constitute such a claim, and the 
regulations complained of so hold. 

Again, the view urged by Mr, Chatterton, as to the construction of 
Sec. 37, is inconsistent with the provisions of other sections of the 
leasing law. Sec. 19 provides for relief, so-called, for those persons 
who have initiated claims on the public domain when the lands were not 
withdrawn, and who at the date of the Act had not perfected such claims 
by discovery, and provides that where such a claimant had expended an 
amount equal in the aggregate to §250 toward the .development of his claim, 
such claimant, if in good faith and the claim was initiated prior to 
October 1, 1919, would be entitled to a prospector's permit for the area 
embraced in his claim. 

The provisions of the relief sections (18, 18a, 19 and 22) were the 
subject of extended consideration by the Committees of Congress, and it 
is clear that the provisions of Sec. 19 are just as far as Congress in- 
tended to go in the protection of claims and locations of the class here 
under discussion. Mr. Chatterton' s construction would place Congress 
and this Department in the position of saying that one who had expended 
0250- on his claim, would be entitled only to a prospecting permit, while 
one who had only a stake and notice, would be left with the privilege for 
an indefinite time of ultimately getting absolute title. I take it that 
Mr. Chatterton endeavors to meet this point by saying that the claimant 
has the option of proceeding under either of said sections. Hemight just 
as logically argue that claims for relief under Sec. 18 of the Act, over 
which there has been so much controversy, may now go to absolute patent 
by virtue of Sec. 37. I am sure that Congress never contemplated any such 
anomalous situation, and that this is not the intent of the Act. 

I may say further that if the view urged in the brief submitted were 
adopted, there would be little use for a leasing Act for oil lands outside 
the withdrawn areas and perhaps for lands within such areas; the purpose 
amd policy sought to be accomplished by this important legislation would 
be largely negatived, and the States and Reclamation Service would be 
deprived of funds they are counting on for development purposes. More- 
over, there is no practical necessity for the construction urged to pro- 
tect any legitimate interest. The new law is liberal in the extreme in 
giving all good- faith claimants who have made any material expenditures 
on the ground, fair and reasonable opportunity to transmute such claims 



-18- 



into permits and leasee under the new law under far more practical work- 
ing conditions than existed under the former laws. 

For the reasons above stated, I find myself unable to concur in the 
views expressed in the papers submitted by you , which are herewith re- 
turned . 



OIL LAND LEASES - STOCKRAISING HOMESTEADS. 
FIRST ASSISTANT SECRETARY VOGELSANG TO SENATOR KENDRICK. 

Hay 10, 1920. 

Hon. John B, Kendrick , 

United States Senate. 
My dear Senator: 

I have your letter' of March 4, 1920, expressing the view that the 
provisions of section 20 of the leasing act of February 25, 1920, are 
applicable to stock-raising homestead entries,, and in reply inclose 
copy of letter upon the subject addressed to Representative Mondell 
April 19, 1920. 

Section 20 is one of the so-called relief sections of the law, all 
of which sections are based upon alleged equities of the persons to whom 
a preference right to a permit or lease is accorded. It was designed to 
recognize the equities of persons who had gone upon the public domain and 
made homestead entries under the ISO or 320 -acre homestead lav/, neither 
of which contains any reservation cf minerals, upon the theory and under 
the belief that they would obtain an unrestricted title to the land. 
Because of a subsequent withdrawal or classification of the land as 
mineral after the allowance of their entries, and after they had spent 
their time and money upon the land, they were under the necessity of 
either losing the land entirely or accepting a patent under the pro- 
visions of the act of July 17, 1914, reserving £he oil and gas deposits 
in the land to the United States. No such equity or reason existed in 
the case of entries under the 160 or.320-acre homestead law made upon 
lands theretofore withdrawn or classified as .mineral, because the entry- 
man knew at the time he made the entry that the mineral was known and 
reserved to the United. States , and the most he could obtain was a patent 
expressly excluding the oil and gas deposits. The same is true of all 
stock-raising homestead entries; for by the terras of the act itself all 
minerals within the- land are expressly reserved to the United States, 
together with the right to enter upon the lands, mine, and remove the 
same . 

Lands within stock-raising .homestead' entries heed not be withdrawn 
or classified for the purpose of preventing disposition of minerals under 
the agricultural land laws, because the minerals are reserved in the law 
itself. It is therefore clear that . Congress when it used in Section 20 
of the leasing act the words "lands bona fide entered as agricultural 
and not withdrawn or classified as mineral at the' time of entry" had in 
mind only the entries under the 160 or 320-acre homestead lav/ which 

— Lv — 



contained no reservation or classification of mineral and where subse- 
quently , by reason of a withdrawal or classification the entryman was, 
as stated above* Under the necessity of accepting a restrioted patent* 
Any other construction of the statute would Involve disregarding the 
language "and not withdrawn or classified as mineral land at the time 
of entry." 

You are mistaken in the view that the regulations issued by the De- 
partment make no distinction between entries under the stock-raising act 
and the other homestead laws. Those regulations specifically state that 
the preference exists only where the land was entered prior to withdrawal 
or classification, ard where the land subsequent to entry was withdrawn o: 
classified as oil or gas land. This clearly could have no application to 
entries under the stock-raising homestead law, where all minerals are re- 
served and where no withdrawal or classification is necessary. 

In ray judgment the contention made by you can not be sustained under 
the act as passed, and preference rights to stock-raising homestead entry- 
men can not be allowed in the absence of further action by Congress. 



OIL LEASING ACT AMD REGULATIONS. 
LETTER OF FIRST ASSISTANT SECRETARY TO SENATOR HENDERSON. 

May 22, 1920. 

Hon. Charles B, Henderson, 
United States Senate. 
I.Iy dear Senator: 

In reply to your letter of May 19, 1920, quoting from communication 
addressed to you by a Nevada attorney, rolativo'to the oil-leasing bill 
and regulations thereunder, and asking that some general statement as to 
the reasons for the legislation and rules be given you, I have to advise 
as follows: 

The placer mining laws of the United States were, as you know, 
enacted long prior to. the discovery of oil or gas. Unlike placer de- 
posits of gold or other mineral deposits found on or comparatively neD.r 
the surface, it is ordinarily not possible to discover or produce dil 
without an expensive drilling, generally to from 500 to 4,000 feet be- 
neath the surface. A location of a mining claim under the general raining 
laws is not a valid claim until mineral has been discovered thereon. Prior 
to such discovery, all the locator has is possession of the land, which 
the courts have jpeld he must maintain by diligent and continuous work 
looking to discovery/. It was found by experience that the mining laws 
were not well adapted to the discovery and production of either oil or 
gas from public lands, and that they did not afford adequate protection 
to the would-be developer, because if A. staked out a location and began 
to prospect for oil, B might also subsequently locate the land, and if 
possessed of more funds or better equipment complete discovery prior to 
A, and thereby defeat the former* s claim. Moreover, the possibility of 
oil in land was sufficient to induce speculators to file scrip and selec- 

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tion rights upon lauds covered by inchoate mining 'claims, in the effort 
to secure patent to the lands and the deposits, on the ground that the 
locators had no discovery and had not proved their' mineral character. 
As a result, for the past eight or ten years every administration end a 
■large proportion of people interested in the oil industry have urged the 
enactment of special laws covering the development of oil and gas on the 
public domain, in the form of legislation which would authorize the ex- 
clusive right and possession of a prospector for a reasonable period 
while he is searching for oil or gas and insure him a lease of the de- 
posits if he found the mineral. *■'..,•■ .. 

Furthermore, beginning with 1909, numerous wit hd rawals. of public 
lands believed to contain oil or gp.s were made by the Presidents of the 
United States, which withdrawals were held by the Department and by the 
Supreme 'Court to defeat claims, theretofore initiated or attempted to be 
initiated under the placer mining 'laws where, prior to withdrawal, the 
locators had not actually discovered valuable quantities of oil or gas« 
On many of 'such claims a .'great .deal of preliminary work had been done, 
although discovery had not been made prio'r to withdrawal. Congress was 
therefore urged to enact remedial legislation, which would in some way 
care for these claims » " In th.c act of June-'' 25', 1910 (36 Stat*, 847; , 
authorizing the withdrawal of public lands, Congress provided that persons 
in possession of lands under location under- the placer mining laws", made 
prior to withdrawal and who. were at time of withdrawal in the diligent 
prosecution of work looking to the discovery of oil or gas, should be 
entitled to continue their exploration and 'development , and if they did 
so diligently to discovery, their claims should.be protected from with- 
drawal. Immediately under this. act the question of whether there had 
been sufficient diligence or., continuity of operation arose , and many 
applications for patent were. denied by the Department and the courts, 
on the ground that sufficient diligence or continuous development had 
not been shown. It was also charged, and' in some .cases proven, that 
in order to acquire the maximum area permitted by the mining laws to 
be included in a single location (ISO' acres)-, interested parties had 
used dummy locators, which fact, if proven, required the rejection of 
claims under the mining laws. 

The act of February 25, 1920 (Public No. 146), was passed by Congress, 
therefore, to cover brcadly three classes of claims: 

(l) Wildcat territory ,' or unproven oil lands, as to which Congress 
provided f o r the issuance of a prospecting perm-it for not exceeding^ 2,560 
acres in a single body," the prospector to be entitled to the exclusive 
possession of the land for a period of two years, on condition that he 
perform a reasonable "amount of development work. If he discovers oil or 
gas, he is entitled to a lease for one-fourth of the land at a nominal 
royalty, 5 ner cent, and a. preference right to lease the remainder of 
the land at' a royalty to be 'fixed by the Secretary, of the Interior or 
determined by competitive bidding. Proven lands not covered by -he 
claims hereinafter described are. to be offered for lease to the general 
public in areas not exceeding 640 acres, on a royalty announced in ad- 
vance of lease, to be awarded to the qualified bidder offering tne 

-21- 



highest bonus. 

(2) Claims initiated under the old mining laws prior to withdraw- 
al but which, because of lack of diligence or continuous working, or 
because of the presence of dummy locators among those originally filing 
the claim, could not be perfected under those laws- This class of 
claims covers (a) those on which the locators or their successors in 
interest had drilled wells and discovered oil in paying quantities; 

(b) those claims located prior to withdrawal upon which the locators 
had complied with the requirements pf^the fining laws except as to 
discovery, and had expended at least $250 in development work* 
To such claimants Congress accorded equitable relief, by providing 
that in the absence of fraud or knowledge of fraud by the party 
applying, a lease might be granted to the claims containing oil 
wells, on payment of one-eighth of the value of past production, and 
such royalty for future, not less than one-eighth, as might be de- 
termined- That as to the second class of claims, where discovery 
had not been made, claimants should be entitled to a prospecting 
permit like that hereinbefore described, in order that they .might 
continue their explorations and become entitled to leases upon dis- 
covery of oil or gas, 

(3) The concluding section of the act takes care of claims 
existing under the mining laws at date of their «P«^' "!° ^ 
as they apply to, oil or gas lands, if such claims were ™^» 
existent at date of the act of February 25, 1920, and Rafter 
maintained in compliance with law, This provision of la. is con 
"Sued by the Department in harmony with the Provisions " act 
of June 25, 1910, supra, and with the decisions of the couri ^ 

to the rights of lTcttlrs in possession of lands prior to ^scovery, 
namely, that in order to be entitled to hold and perfect ■«*£££ 
unde/the old mining laws, the applicant mu f /f Vf ^t^rawal 
was made prior to withdrawal, and that he at date f J^^ 
was a bona fide occupant in diligent prosecution of work fading 
to the~Hs-co^e7y or oil or gas, and has continued such diligent 
prosecution to discovery. 

You will perceive from the foregoing that Congress has 
endeavored to provide for all classes of claims P 08 ^ 3 ! 1 ^.^ 1 
merit or substantial equities, and that nearly al V!* ^visions 
claimants will be able to take advantage of some of th * P^™" 3 ' 
but that mere paper locations are not recognized- As ^^ d 
not embraced in valid mining claims or equitable claims »£«£££, 
by the law, the general provisions of the act first aoove ^ sc ^ bed > 

permitting the issuance of l^^\ll^l^ r ™£l to oe well 
exploration and for the protection of the explorer, seem 
designed to encourage and aid the bona Jide prospector. 

I agree with your correspondent that the act is not a 
perfect piece of legislation, but that is a failing common to 
mo*t laws. We, however, must administer the act as it Con 

sidering its history, I feel warranted in saying tha .Congress 
is not likely to change or amend it in the near future. 



As to the regulations, I have only to say that in the oil world 
they are approved and considered fair and equitable. They were drafted 
after full consideration of the wishes and desires of all classes of 
applicants . We have received no complaints from any of the oil-pro- 
ducing States except as to the requirement that bonds should accompany 
application for permit, and this objection has been removed. This 
bond provision was inserted upon the insistence of the Bureau of Mines 
alone, upon which will fall the duty of repairmg any dar^ eS thac may 
caused by reckless or unskillful prospecting. We Jave interpreted 
this regulation to apply only to permits granted, and £°* J° ^g^nd 
tions foV pen.it. Of course, the permittee m ^YoAl 000 The 
may deposit cash or Liberty Bonds of the - va - ^ 
cost of the bond is a very small item to the P^pec permit, 

a very considerable sum of money m order to compxy 

The Department has been liberal in its regulations and rulings, 
and desires in every way to encourage prospecting for and development 
of our oil resources. To this end, we have also held that prospectors 
who have obtained permits and who lack money for development may assign 
their permits with the consent of the Secretary of the Interior to duly 
qualified persons or companies. 

I believe that by experience your correspondent will find the 
administration of the law' and the regulations thereunder to be not 
only reasonable but liberal. 

• RIGHT OF OIL OPERATORS AND HOMESTEADERS UNDER THE OIL- 
LEAS TIG la 1 ;?. 
LETTER OF G 01.211 S SIGNER TALLMAN TO HON. F. W. MONDELL . 

June 12, 1920. 

Hon. F. XI. Mcndell, 

House of Representatives. 

My dear Mr. Wendell: 

I have your recent letter in which you state that there appears 
to be much confusion and difference of opinion among oil operators and 
prospectors as to the preferential rights of homestead entrymen to 
prospecting, permits under the new leasing Act of February 25, 1320, 
and you ask for a brief, simple statement on the subject. • • 

In reply will say that whatever preferential rights homesteaders 
or other agricultural entrymen, as such, may have to oil permits or 
leases, must be found in Se'c . 20 of the Act, which reads as follows: 

"In the case of lands bona fids entered as agricultural, 
and not withdrawn or classified as mineral at the time of 
entry, but not including lands claimed under any railroad grant, 
the entryman or patentee, or assigns, where assignment was made 
prior to January 1, 191?, if the entry has been patented with 
the mineral right reserved, shall be entitled to a preference 



?4Lght to a permit and to a lease, as herein provided in case 
o£ discovery; -and within an area not greater than a township 
such entry man and patentees, or assigns holding restricted 
patents may combine their holdings, not to exceed two thousand 
five hundred- and sixty acres for the purpose of making joint 
application. Leases executed under this section and embrac- 
ing only lands so entered shall provide for the payment of a 
royalty of not less than 0.2-g- per centum as to such area* 
within the permit as may not be included within the discovery 
lease to which the permittee is entitled under section 14 
hereof ." 

While the section is not as clear and specific in some respects 
as might be desired, it is apparent that the class of entryroen or 
patentees on- which. Congress intended by this section to confer a 
preference right, is those who made their entries when the land was 
not w ithdrawn or classified as mineral, and who were threfore per* 
mitted to make their entries without any reservation of the mineral 
to the Government, but who thereafter were, or w ill be, compelled 
to take a patent with the reservation because of a withdrawal or 
classification, or because the land has in the meantime come to be 
of known mineral character before final proof is submitted. 

It. is also apparent that this section is in the nature of 
a relief provision, designed to take care of thc^ewho found them- 
selves in the situation ^described in the last preceding paragraph, 
at the time- the Act was passed, and not intended to provide ganeraliy 
for the disposition of mineral rights under the homestead law in the 
future. With these general propositions in mind, the following 
spediiic statements may be made: 

(1) If the land was withdrawn or nlassififtn' at the time of 
entry so that the entry was made with a reservation' of the mineral-, 
there is no preference right; conversely, to entitle the homesteader 
to a preference, the entry must have been properly made without a 
reservation of the mineral. 

(2) There can be no preference right on an entry allowed 
after February 25, 1920, (Regulations, Sec. 12). 

(3) There can be no preference right on a stock-raising entry 
under the Act of December 29, 1916, at all, for under that Act all 
entries are made with a reservation. of the mineral. 

(4) If the homestead entry was made without reservation of the 
mineral, but after the lands were of known mineral character, and 
merely for the purpose of acquiring mineral rights, there is no 

'preference right to a permit, because (a) such an entry should have 
been made with a reservation of the mineral, and the requisite non- 
mineral affidavit on which the entry was procured was fraudulent, ■ 
and (b) the entry is not "of lands bona fide entered as agricul- 
tural ." 



(5) But where one has an original entry under the 150 or 320-acre 

law and an additional under the stock-raising (640-aore) lav/, the entry- 
man will have the same rights under the original as ho would have had 
had 'he not made the additional . 

(6) Where one has an entry without a reservation of the mineral, 
nobody (not even the entryman himself) may acquire a permit or lease 
for the mineral so long as the entry stands in that shape, for the 
entry segregates both the surface and mineral until such time as the 
reservation is created. 

(7) But, if the entryman in the case last above mentioned, 
files a waiver of the mineral rights in the land, then he may exer- 
cise his preference right, if he has any, and if not, others may file 
application for a mineral permit or lease. 

(8) The "reservation" of the mineral above referred to, is pur- 
suant to Sec. 2 of the Act of July 17, 1914 (38 Stat., 509), which 
provides that the mineral occupant shall pay any damage caused' to the 
agricultural claimant. 

(9) Where a patented entry or one on which final certificate 
has issued, has been s Id or transferred, the transferree would have 
the same rights as the entryman, provided he acquired the land before 
January 1, 1919, but if he acquired it after that date, there would 
be no preference right to anybody. 

(10) A patentee, or entryman with final certificate, with a 
reservation of the mineral to the Government, who has a preference 
right, cannot withhold the land from development indefinitely. Sec. 
12 of the regulations provides that if anybody else applies for a 
permit on the land, the preference right man shall be given notice 
and allowed thirty (30) days within which to exercise his preference, 
and apply for a permit himself; otherwise he will be out. 

(11) The preference right claimant must be qualified to take a 
permit under the law the same as anybody else; for instance, an alien 
transferree of patented land could not get a. permit or lease; one 
who has already received the limit of permits allowed, could not get 
a permit. 

(12) The matter of whether the agricultural entry on which a 
preference right to a permit is predicated, is within or without a 
known producing structure cuts no figure in connection with the 
preference rights here under consideration provided, that only one 
permit may be granted in the same structure. 

(13) An oil placer location perfected by discovery segregates 
the land from any furthe r entry so long as the claim is maintained, 
but in case of attempted homestead, the mineral claimant must file 
contest to protect his interest, as the Land Department has no record 
of his claim in the absence of an application for patent. 



(14) An oil placer location, perfected by discovery, ^lgirc^.oter 

land embraced in a prior, valid, subsisting homestead entry, is in- 
effective so long as the homestead stands- "^(Psiorto the Act of July 
17, 1914, the mineral claimant could contest the homestead and cause 
its cancellation"; under that Act the homesteader may retain surface 
rights and the mineral is automatically withdrawn; and under the 
leasing act the kenestocder might have a preference right to a permit 
for the mineral .) 

(15) But a mere "paper" oil placer location (that is one with- 
out discovery) will not prevent a homestead entry of the land* 

(16) Where the claimant of a "paper" location is on the ground 
in diligent prosecution of work leading to discovery at the time the 
land is homesteaded, he may by contest defeat the homestead entry. 

( 17 ) In case of conflict between a preference right claimant 
under Sees. 13 and 19, and one under Sec. 20, the one would prevail 
whose rights were prior in their lawful inception. 

(18) The allowance, ("after February 25, 1920) of a homestead 
entry on land covered by valid rights to relief permits or leases 
under Sees. 18 or 19, is entirely within the discretion of the 
Secretary of the Interior. 

(19) where a homestead entry- (not under the grazing act) is 
made without a reservation of the oil to the Government and the 
land is withdrawn or classified as oil land before completed final 
proof is submitted, the entryman must take patent with a reservation 
of the oil, u nless he can procure a reclassif ication of the land by 
the Department or a removal of the withdrawal, or unless he can show at 
c, hearing (the burden of proof being on him) that the land was not 

of a known mineral character at date of final proof. 

(20) But where, in the case last stated, the withdrawal or 
classification as minere.1 was not made until after final proof was sub- 
mitted, the entryman will be entitled to a patent without a reserva- 
tion, unless the Government can show (the burden of proof being on the 
Government), at a hearing if necessary, that the land was of kjipwn 

mi ne ral. £J!g-.L a - c JJ 3 . 1 " a "^ "^ ie date ;f final proof. If the Government can 
show this, the result will be the same regardless of whether there 
has been a withdrawal or classification. 

The same general principles above stated apply to other 
kinds of non-mineral entries, except land acquired under railroad grants* 



"*. A stock-raising homestead is an exception to this rule, for all 
minerals are reserved therefrom, and the oil deposits could have been 
located under the placer law up to Dec, 26, 1920 6 

-26- 



OIL LEASES AND PERMITS - DRILLING CONTRACTS . 
Secretary Payne to Mr. J. B. O'Mahon . - 

June 28, 1920. 

Mr. Joseph B „ O'Mahoney, 

c/o Hon. John B. Kcndrick, 

United States, Senate, < 

Washington, D. C . 

My dear Sir: * 

You have submitted the question whoth'er drilling contracts 
entered into with entrymen who cxercise'a preference right under 
section 20 of the act of February 25, 1920,. will be charged 
against the contraction as an interest in a permit or lease. 

You are advised that in a drilling contract carrying with it 
a right in the proceeds, or in the land itself, will be considered 
an interest in the lease. When it cones time to grant a lease, 
therefore, a drilling contractor will have to show himself qualified 
to take a lease, or such interest as he is properly chargeable with 
under the act. Drilling contracts, such as you have submitted, con- 
stitute such an interest as would require compliance with the law as 
a lessee. 

As to permits, the situation is different. If a contractor 
desires to be recognized by the Department in connection with a 
permit it will bo necessary for him to file his contract for ap- 
proval, in which event he would of course be charged with it, It is 
not necessary for him to do this, and if ho desires he may explore 
the land under contract with the entryman, and bring his contract 
to the attention of the Department only if and when he desires to be 
recognized as interested in such lease as may be applied for. 



DEPARTMENT OF THE INTERIOR 
General Land Office 

Washington, D. C, April 26, 1920 



Circular No . 687, 

Registers and Receivers, 
U. S. Land Offices. 

Sirs: 

The regulations, circulars Nos. 672 and 676, approved, March 
11, 1920, and March 25, 1920, respectively, for the administra- 
tion of the oil and gas provisions of the act of February 25, 1920 
(Public No. 146), were amended by order of the Secretary of the 



-27- 



Interior dated April 16, 1920, by adding after section 23 (page 21, 
circular 672), the following: 

"23-g-» Who may apply . All proper parties to a claim for 

relief under sections 18, 19, or 22 of the act should 
join in the application, but, if for any sufficient 
reason that is impracticable, any person claiming a 
fractional or undivided interest in such claim may 
make application for a lease or permit, stating the 
nature and extent of his interest, and the reasons for 
nonjoinder of his coowner or coowners. In cases where 
two or more applications are made for the same, claim 
or part' of a claim, leases or permits will be granted 
to one or more of the claimants, as law and facts 
shall warrant and as shall bo deemed just." 

Very respectfully, 

CLAY TALLMAN, 

Commissioner . 



-23- 



OREGON AND CALIFORNIA LANDS - SALE OF ISOLATED TRACTS 

Circular No. 709. 

* DEPARTMEin 1 OF THE INTERIOR 
General Land Office 

Washington, D.C., July 7, 1920. 

To the District Land Officers at 
Vancouver, Washington; 
Portland, Rosoburg and Lakcviev;, Oregon. 

Gentlemen: 

Your attention is called to the act of Congress approved May 
25, 1920, to authorize the Secretary of the Interior to dispose, 
at public sale, of certain isolated and fractional tracts of land 
formerly embraced in the grant to the Oregon and California Rail- 
road Company (Public No. 220), which reads as follows: 

"That the provisions of section 24-55, Revised 
Statutes, be, and the same are hereby, extended to 
class throe of the lands formerly embraced by what are 
known as the Oregon and California railroad grants, 
title to which was revested in the United States 
under the provisions of the Act approved June 9, 1916 
(Thirty-ninth Statutes at Large, page 218): Provided, 
That no sales hereunder shall be made' for less than 
$2.50 per acre, and the appraised value of the timber 
on the land, nor until such lands shall have been sub- 
ject to homestead entry for a period of two years; 
Provided further, That the proceeds of such sales shall 
be applied in the manner prescribed in said Act of 
June 9, 1916 (Thirty-ninth Statutes at Large, page 218)." 

The provisions of Socti n 2455 R. S., thus extended to these 
lands, are those found in said section at the date of this act, 
which include the amendment of March 28, 1912 (37 Stat., 77), 
authorizing the, sale of "rough and mountainous" tracts under cer- 
tain conditions. Circular No. 684, dated April 16, 1920, which 
contains the latest regulations issued under said section as thus 
amended, will, therefore, be your guide in the administration of 
this act, in so far as applicable thereto. 

The special provisions of the present act,, which you must 
carefully observe and which are not found in said circular No. 684, 
are as follows: 

(l) The act applies only to lands formerly embraced in the 
Oregon and California Railroad grant that were ' revested in the 
United States by the Act of June 9, 1916 (39 Stat., 218), that have 
been classified as agricultural, and restored to entry. 



-29- 



(2) No sale shall be made for less than $2 ..50 per acre, and the 
appraised value of the timber on the land, nor until such land shall 
have been subj ect to homestead entry for a period of two years 
immediately preceding the application for sale. 

(3) The proceeds of the sale shall be deposited in the Treasury 
of the United States to the credit of the "Oregon and California 
Land Grant Fund" . 

Very respectfully, 

CLAY TALLMAN 

Commissioner. 

Approved: July 7, 1920, 
S. G. HOPKINS, 

Acting Secretary. 



OIL PRODUCTION AND CONSUMPTION. 

The Secretary of the Interior, John Barton Payne, in commenting 
'>n the April petroleum statistical report of the United States 
Geological Survey said: 

"It is another chapter of the same story - more oil is 
coming out of the ground but even more is being consumed* 
Slightly less crude oil was imported than in March but the 
drafts continued on the stocks both of Mexican oil held by. 
importers and of domestic oil held by importers and of 
domestic oil held by pipe line and other marketing companies. 
This reduction of stocks in April amounted to three-quarters 
of a million barrels. With four months figures before, me, I 
felel Warranted in estimating the year's production at 420 
million barrels and the year's consumption, including exports, 
at 500 million barrle, The welfare of the nation demands 
that these figures be reduced. To do that less gasoline must 
be bought this summer by the pleasure seekers and less fuel 
oil burned on shore where coal can be had or even under 
marine boilers, where three barrels are needed to do the 
work of one in an internal-combustion engine » Old style 
thrift in the use of petroleum ought to be the fashion this 
year." 



OIL LMDS OF THE FIVE CIVILIZED TRIBES. 

Secretary Payne of the Interior Department has revoked the regula- 
tion limiting to 4,800 acres the acreage which any one oil operator 
is permitted to acquire in the Five Civilized Tribes in Oklahoma. 

\Ihen the question of leasing restricted Indian land belonging ipo 
members of the Five Civilized Tribes v/as first taken up by the De- 
partment of the Interior it v/as decided that the acreage which any one 



-30- 



person, firm or corporation would be permitted to lease would be 
limited to 4,800 acres . This was done with J ;hc purpose in view of 
preventing a monopoly of the oil and gas deposits. This rule has 
been onforccd fnr a number of years, with the result that a largo 
number, of persons and firms are interested as lessees in oil lands 
belonging to Indians in eastern Oklahoma, In the meantime many 
of the Indians have had the restrictions removed from their land 
and there is at present only about fifteen per cent of the land 
allotted to members of the Five Civilized Tribes which remains under 
the jurisdiction of the Interior Department. In view of the fact 
that so small a proportion of the land is restricted at present and 
as there are so many competing oil operators in the field, the 
danger of monopoly is eliminated. It is also believed that revoking 
the 4,800 acre rule will result in the Indians receiving a larger 
income from their oil lands* 



-31- 



FEDERAL WATER POWER ACT. 

The act to create a Federal power commission; to provide for im- 
provement of navigation; the development of water power; the use of the 
public lands in relation thereto; and to repeal Section 18 of the River 
and Harbor Appropriation Act, approved August 8» 1917, received the ap- 
proval of the President June 10, 1920. After the lapse of ten years of 
controversy carried on with little cessation both within and without the 
halls of Congress, a definite policy has at length taken form in the 
present statute. I.Iany difficulties were encountered by the friends of 
power conservation due to the fear on the part of some that Congress might 
interfere with local rights and privileges theretofore enjoyed, or that 
too much recognition should be given to local control of our water re- 
sources. General legislation dealing with subjects akin to this has 
heretofore distinctly recognized the mutuality of interests between the 
states and the Federal Government, and in some instances between the 
United States and individual or corporate bodies, but in no case has 
occasion seemed more opportune for the exercise of the broadest co- 
operative team-work between the states and the United States, than in 
dealing with the present subject of legislation, and whatever dif- 
ferences of opinion may have separated the advocates and opponents of 
this measure at the outset, or during the long struggle over its adop- 
tion, it would seem that finally all came together upon somewhat harmoni- 
ous recognition of general principles. A brief outline of the provisions 
of this act are here furnished, it being distinctly understood that only 
a sketch of the subject can be undertaken by the Bulletin. 

(1) The Commission to be known as the Federal Power Commission is 
composed of the Secretary of War, the Secretary of the Interior and the 
Secretary of Agriculture; the work of the Commission to be performed 
through the Departments of War, Interior and Agriculture and their 
technical, clerical and other personnel, except as may be otherwise 
provided by law. 

(2) The Commission is authorized and empowered to make investiga- 
tions and collect data concerning the utilization of the water resources 
of any region to be developed; the water power industry and its relation 
to other industries and to interstate or foreign commerce, and concern- 
ing the location, capacity, development costs, and relation to markets 
or power sites; whether the power from Government dams can be advantage- 
ously used by the United States for its public purposes, and what is a 
fair value of such power; 

To cooperate with the Executive Departments and other agencies of 
state or National government in such investigations: 

To make public from time to time the information secured by such 
investigations; 

To issue licenses to citizens of the United States or to any associa- 
tion of such citizens or to any corporation organized under any of the 
laws of the United States or any state thereof, or to any state or munic- 
ipality, for the purpose of constructing, operating and maintaining dams, 

-32- 



water conduits, reservoirs, power houses, transmission lines, or other 
project works necessary or convenient for the development and improvement 
of navigation, and for the development, transmission, and utilization of 
power across, along, from, or in any of the navigable waters of the United 
States, or upon any part of the public lands and reservations of the 
United States: 

To issue preliminary permits for the purpose of enabling applicants 
for licenses to secure the data and to perform the acts required by the 

statute . 

(3) Each preliminary permit issued shall be for the sole purpose 
of maintaining priority of application for a licensee under the terms 
of the statute for such period or periods, not exceeding a total of 
three years, as in the discretion of the Commission, may be necessary 
for making examinations and surveys, preparing maps, plans specifica- 
tions and estimates, and financial arrangements. 






(4) Licenses under this act shall be issued for a period of not 1 
exceeding fifty years, conditioned upon acceptance by the licensee of 
.all the terms and conditions of the act* 

(5) In issuing preliminary permits for licenses where no prelim- 
inary permit has been issued, the Commission shall give preference to 
applications therefor by states and municipalities, provided the plans 
for the same are deemed by the Commission, equally well adapted to con- 
serve and utilize the public interests in the navigation and water re- 
sources of the region. 

(6) If, in the judgment of the Commission, the development of any 
project should be undertaken by the United States itself, the Commission 
shall cause examinations, surveys, reports and plans to be prepared show- 

.ing the cost of the project, and submit its findings to Congress. 

(7) The Commission is authorized and directed to investigate and 
report to Congress, with plans and estimates of costs necessary to se- 
cure an increased and adequate water supply for the District of Columbia, 
an appropriation of §25,000 being provided for this item. 

(8) The licensee shall pay to the United States reasonable annual 
charges to be fixed by the Commission, for the purpose of reimbursing 
the United States for the costs of the administration of this act; for 
recompensing it for the use, occupancy and enjoyment of its lands or 
other property. 

(9) Combinations, agreements, arrangements or understandings , ex- 
pressed or implied, to limit the output or electrical energy, to re- 
strain trade, or to fix, maintain, or increase prices for electrical 
energy or conservation, are prohibited. 

(10) If the United States does not, at the expiration of the original 
license, exercise its right to take over, r.jaintain and operate any pro- 
ject or projects of the licensee as provided by the act, the Commission 



-33- 



is authorized to issue a new license to the original licensee Upon such 
terms and conditions as may be authorized, or required under the then 
existing laws and regulations , or to issue a new license under said terms 
and conditions to a new licensee. 

(11) When, in the opinion of the President, the safety of the 
United States demands it, the United States shall have the right to 
enter upon and take possession of any project, or part thereof, con- 
structed, maintained, or operated under said license, for the purpose 
of manufacturing nitrates, explosives, or munitions of war, or for any 
other purpose involving the safety of the United States, to retain 
possession, management and control thereof, for such length of time as 
may appear to the President to be necessary to accomplish said purpose; 
the licensee v/ill be entitled to a just and fair compensation for the 
use of said property. 

(12) All proceeds from any Indian Reservation shall be placed to 
the credit of the Indians of such reservations. All other charges aris- 
ing from licenses hereunder shall be paid into the Treasury of the United 
States, subject to the following distribution: Twelve and one-half per 
centum thereof is hereby appropriated to be paid into the Treasury of 
the United States and credited to "lascellaneous Receipts;" fifty per 
centum of the charges arising from licenses hereunder for the occupancy 
and use of public lands, national monuments, national forests, and 
national parks, shall be paid into, reserved and appropriated as a part 
of the reclamation fund created by the Act of Congress known as the 
Reclamation Act approved June 17, 1902; and thirty-seven and one-half 
per centum of the charges arising from licenses hereunder for the oc- 
cupancy and use of national forests, national parks, public lands, and 
national monuments, from development 'within the boundaries of any state, 
shall be paid by the Secretary of the Treasury to such state; and fifty 
per centum of the charges arising from all other licenses hereunder, is 
hereby reserved 'and appropriated as a special fund in the Treasury, to 

be expended under the direction of the Secretary o'f War, in the mainten- 
ance and operation of dams and other navigation structures owned by the 
United States, or in the construction, maintenance, or operation of head- 
water or other improvements of navigable waters of the- United States. 

(13) The provisions of this act will not be construed as affect- 
ing any permit or valid existing right of way heretofore granted, or as 
confirming or otherwise affecting any claim, or as affecting any authority 
heretofore given pursuant to lav/, but any person, association, corpora- 
tion, state, or municipality, holding or possessing such permit, right 

of way, or authority, may apply for a license hereunder. 

(14) Any lands of the United States included in any proposed pro- 
ject under the provisions of this act, shall from the date of filing of 
application therefor, be reserved from entry , location, or other dis- 
posal under the laws of the United States, until otherwise directed by 
the Commission or by Congress. 

Notice that such application has been made, together with the date 

-34- 



of filing thereof, and a description of the lands of the United States 
affected thereby, shall be filed in the local land office, for the dis- 
trict in which such lands are located. Whenever the Commission shall 
determine that the value of any lands of the United States so applied 
for, or heretofore or hereafter reserved or classified as power sites, 
will not be injured or destroyed for the purposes of power develop- 
ment, by location, entry, or selection under the public land laws, 
the Secretary of the Interior, upon notice of such determination, 
shall declare such lands open to location, entry or selection, subject 
to and with reservation of the right of the United States or its per- 
mittees or licensees, to enter upon, occupy, and use any part or all 
of said lands necessary, in the judgment of the Commission, for the 
purposes of this act, which right shall be expressly reserved in every 
patent for such lands; and no claim or right to compensation shall 
accrue from the occupation or use of any of such lands for said pur- 
poses. 

(15) That nothing contained in this act shall be construed as 
affecting or intending to affect or in any way interfere with the laws 
of the respective states relating to the control, appropriation, use, 
or distribution of water used in irrigation or for municipal or other 
uses, or any vested right acquired therein. 

(16) The Section 18 contained in the River and Harbor Appro- 
priation act, approved August 8, 1917, which is specifically repealed 
by this act, created a "Water Ways Commission," to formulate plans 
for developing water ways and water resources and projects related 
thereto, and report such plans to Congress. Necessarily, the broader 
provisions of the present act made this section unnecessary, and hence 
its repeal. 

Under the authority contained in Section 1, directing the 
President to designate the Chairman of the Commission, he has an- 
nounced the Secretary of War as Chairman. It goe-'s without saying 
that so complete and broad a scheme for the development of our 
navigation and power resources df the United States will require 
no little study and care in the way of organization. There will 
be no want of material at hand so far as the reservation of our 
public lands to this end is concerned, for at date of the last 
Annual Report of the General Land. Office, there were withdrawn 
for these purposes 2,565,535 acres of public lands. 



-35- 



DEPARTMENT OF THE INTERIOR 
GENERAL LAND OFFICE 

WASHINGTON May 20, 1920, 

DESERT LAND ENTRIES — ACT OF APRIL 11, 1916 (39 STAT., 49) 
CHUCKAWALLA VALLEY AND PALO VERDE MESA, CALIFORNIA. -- INSTRUCTIONS. 

Register and Receiver, 
U.S.Land Office, ' 

El Oentro, California. 

Sirs: 

The Act of April 11, 1916 (39 Stat., 49) suspended the. requirements of 
the desert land act as to desert land entries situated in the Chuck awalla Val- 
ley and Palo Verde Mesa, Calif ornia,. until May 1, 1919,.. and further provided 
that • .<••-. 

"If the said entry men are unable to procure water to irrigate' the 
„ said lands above described through no fault" of theirs, after using" due 
diligence, or the legal questions as to their right to divert or impound 
water.' for the 'irrigation of said lands are still pending and undertermined 
by said May' first, nineteen hundred and nineteen, the Secretary of the 
Interior is hereby authorized"to grant a furthercextensdon for an ad- 
ditional period of not exceeding two years." 

Under the authority of the portion of theact above quoted, the time 
accorded to said desert land claimants within which to comply with the law, 
has been extended to .June I, 1920, by orders dated May" 10, 1919, December 31, 
1919, and April 29., 1920, i'n'order that a field investigation might be made 
with reference to the feasibility of reclaiming the lands covered by said 
entries. During the period of said extensions', field investigations have 
been made and reports submitted, and reports have also been procured from the 
United States Reclamation Service and the United States Geological Survey, 
bearing on the feasibility and practicability of various plans that have 
been proposed for the reclamation of the lands in question. There has also 
been filed a statement by Mr. H. A. Oilman, of Los Angeles, representing cer- 
tain interests which are promoting certain plans for reclaiming these lands, 
and the statements and data submitted by Mr. Oilman, together with the field 
examiner's report and reports from the Reclamation Service and Geological 
Survey have all been carefully examined and considered. 

Without going into details at this time, it may be stated that, 
generally speaking, all the reports in question,' for one or more reasons, are 
unfavorable to the feasibility and practicability of this project. The parties 
interested in the project, particularly Mr. Oilman, urge that, no twith standing 
the dif ficult-ies and obstacles which seem to be in the way of working out a 
successful system for reclaiming the lands in question, they are desirous of 
a full opportunity of causing a complete and detailed investigation and report 
to be made on the proposed project by competent engineers, and further urge 



£6- 



that nn harm or loss could occur to anybody if thoy aro given that op- 
portunity by moans of the further oxtension authorized by said Act of 
April 11, 1916. 

V/hile, as above stated, the available reports and data on this 
project aro not encouraging, this Department is always reluctant to 
take any step that will hinder or delay any legitimate effort looking 
to the reclamation of arid lands. In this case there is little question 
as to the availability of the lands and the great productivity thereof 
if same can be reclaimed. Therefore, to enablo the interested parties 
to make whatever further investigation they may see fit in an endeavor 
to work out and demonstrate a feasible plan of reclamation, it is di- 
rected that the requirements of the desert land laws, as to the desert 
land entries affected by said Act of April 11, 1916, bo, and hereby 
arc, suspended for the full time allowed by said Act, to -wit, until 
May 1, 1921; but it should bo clearly understood that the further 
suspension herein granted is not to be construed as in any way con- 
trolling on the future action of the Department, all question of 
feasibility to be examined and decided on their merits as such may 
appear . 

Very respectfully, 

CLAY TALLMAN, 

Commissioner. 
Approved: May 20, 1920 
ALEXANDER T. VOGELSANG, 

First Assistant Secretary. 



-37- 



Circular Mo. 700 . 

DEPARTMENT OF THE INTERIOR 
GENERAL LAND OFFICE 

WASHINGTON, D. C, June 7, 19 20. 

Amending paragraph 74 of the General 
Reclamation Circular, approved May 18, 
1916. 

Registers and Receivers, 

U. S. Land Offices. 
Sirs: 

You are hereby advised that on May 20, 1920, the Secretary of 
the Interior amended paragraph 74 of the General Reclamation Circular, 
to read as follows: 

"Notice of all action in the local land office or in the 

General Land Office regarding any entry for which water right 
application has been made, or may be made, whether subject to 
the' reclamation law or not, shall be given immediately by the 
Register and Receiver to the project manager by the forwarding 
of copy of decision in the case. The project manager sha.ll 
advise the Register and Receiver of all action regarding any 
water right application or contract by the Reclamation Service 
affecting the status or validity of the homestead or desert 
land entry covering the land. Among the several actions of 
which the Register and Receiver are especially directed to 
notify the project manager, are: 

a. Allowance of entries. 

b „ Conformation of entries to farm units. 

c , Cancellation of entries . 

d . Applications for re in statement of entries . 

e. Acceptance of £inal proof. 

f« Issuance of final certificate- 

g . Issuance of patent . 

h. Acceptance or rejection of assignments under the Act of 

June 23, 1910 (36 Stat., 592). 
i. Contest against entries, granting leave of absence, 

death or disability of entryman, or any other actions 

materially affecting the entry, or affecting lan d' under 

reclamation withdrawal . 

Very respectfully, 

CLAY TALLMAN, 

Commissioner . 



-33- 



PHOTOLITHOGRAPHIC COPIES OF PLATS 
Circular .No. 701 . 

DEPARTMENT OF THE INTERIOR 
General Land Office 
Washington 



June 21, 1920. 



Registers and Receivers, 

United States Land Offices, 

Gentlemen: 

We are forwarding separately , .a map of your State showing in 
color that portion of .'the surveyed area for which there are available 
photolithographic copies of the plats of survey, which copies may be 
furnished on application, accompanied by the purchase price, to the 
Commissioner of the General Land Of fice, Washington,' D. C. . In a few 
instances, where there are several different plats ( of survey of the 
same 'township, some of the copies have become exhausted. Copies of 
plats of nev; surveys may be supplied as s-oon as same have been filed 
in the local land 'off ice., 

A provison of the Sundry Civil Bill approved June 5, effective 
July 1, 1920, increases the price of photolithographic copies of township 
plats from 0.25 to $.50 per copy. 

Please post the map and a copy of this letter in a conspicuous 
place in your office for the information of the public. 

Very respectfully, 

CLAY TALLMAN, 

Commissioner. 



::iKSa?BUCTIO«S-..-REL-ATlVE TO OBSERVANCE OF REGULATIONS 
IN RECLAMATION CIRCULAR. ( . 

Circular No. 703. 

DEPARTMENT OF THE INTERIOR 

General Land Office 

Washington. 

June 21, 1920. 
■ 
Registers and Receivers, 
U.S. Land Offices. 
Sirs: 

(l.) Attention is invited to paragraph 50 of general reclamation 
circular which provides, in part, that: 

-39- 



"Where the tract covered by a homestead or desert land entry has 
been withdrawn under either the first or second form after date of 
said entry, the Register and Receiver are directed to immediately 
furnish the project manager a copy of. any notice of intention -to ovib 
mit proof thereon, this being in addition to the copy furnished in 
all cases to the Chief of Field Division ." 

It has been brought to the attention of this office that, in 
numerous instances, Registers and Receivers have omitted to furnish 
a copy of the notice of intention in such cases to the project manager. 
Hereafter you vail not fail to carefully observe these instructions, 

(2) In some of the local land offices a number of entries 
have at various times been erroneously allowed for lands which are 
not subject to entry, by reason of having been withdrawn under the 
reclamation act. Such erroneous action sometimes results in financial 
loss to claimants who -have placed improvements on lands embraced in 
such entries, which are afterwards canceled. Moreover, it frequently 
interferes with the plans of the Reclamation Service, and embarasses 
the regular and orderly admini strati oh of the land laws. Registers 
and Receivers are, therefore, enjoined to use, especial care that every 
order of withdrawal or restoration may be promptly and accurately 
noted on the tract books and plats of their office. Should it at 
any time be found that an error or omission has been made in any such 
notation, the original order of withdrawal or restoration, as the case 
may be, should at once be taken from the files and carefully compared 
with the records in the local .office, in order that all, the tracts 
mentioned in such order may be correctly posted. 

(3) Every application for entry should, prior to its allowance, 
be carefully checked with the records, to see that it does not conflict 
with any withdrawal which would bar its allowance. In this connection 
read paragraphs 13, 16, 17, 19, 20 and 21, of the General Reclamation 
Circular; also 35 L. D., 250; 33 L. D., 349; and 46 L. D., 30-32. 

(4) You will also bear in mind that every homestead appli- 
cation allowed under the reclamation act should be stamped or indorsed 
by you, across the face thereof, to indicate that it is subject to 
l^e Provisions of the Act of June 17, 1902, (32 Stat .., 28877 Further- 
more, overy final certificate issued upon a homestead, or desert- 
land entry, for lands within the exterior limits of any reclamation 
withdrawal, or irrigation project, under the reclamation act, must 
be stamped by you across the face of the certificate, when issued, 
as follows: " Subject to lien under Act o£ Augus t 9., 1912 (37 Stat., 
26_5_) ." See paragraphs 6 and 62, General Reclamation Circular, The 
omission of such indorsements frequently causes mistakes in noting 
the cases on the records, as well as in their subsequent considera- 
tion, hence, greater care should be observed in these matters in the 
future. 

Very respectfully, 

CLAY TALLMAN, 

Commissioner, 

•40- 



Board of La 1 ;/ Review, 
By W. B . Pugh 



Circular No . 704 

DEPARTMENT OF THE INTERIOR 
GENERAL LAND' OFFICE 

WASHINGTON June 22, 19 20 



Instructions relative to final 
affidavit of reclamation. 



Registers and Receivers, 

United States Land Offices. 
Sirs: 

It is observed that a considerable number of final 
reclamation affidavits under the act of June 17, 1902 (32 Stat., 
388), transmitted by you to- this office are executed on obsolete 
forms, wherein the certificate by the Project Manager is not in 
accordance with the requirements of paragraph 59 of the general 
reclamation circular. 

A few copies of the revised form 4-073 of final affidavit 
are inclosed, for your information.. This .form should be used 
hereafter in making reclamation proofs. A supply thereof may be 
obtained by making requisition in the usual manner. 

Very respectfully, 

■ CLAY TALLMAN, 

Commissioner. 



;, -4l~ 



DISPOSITION OF LANDS FORMERLY WITHIN THE OREGON AND CALIFORNIA 
RAILROAD GRANT AND COOS BAY WAGON ROAD GRANT, 
INSTRUCTIONS* 

Circular No. 705. 

DEPARTMENT OF THE INTERIOR 
GENERAL LAND OFFICE 

Washington, D. C. 

June 22, 1920. 

Sec. 1 - The Act of Congress approved June 4, 1920 (Public No. 
241), regulating the disposition of lands formerly embraced in the 
grants to the Oregon and California Railroad Company and the Coos 
Bay Wagon Road Company, amends prior statutory provisions with respect 
to said lands, as follows: 

(a) Authorizes the sale of timber on lands v/ith drawn as 
power sites, 

(b) Protects the preference rights of settlers on lands with- 
drawn as power sites. 

(6) Authorizes the exchange of Coos Bay Wagon Road lands for 
lands in private ownership. 

( d) Requires applicants for the right of exchange to pay a 
filing fee. 

SALE OF TIMBER ON POWER SITES 

Sec. 2 -Section 1 of the act authorizes the Secretary of the 
interior, in the administration of the acts of June 9, 1916 and 
February 26, 1919, in his discretion, to sell the timber on lands 
classified and withdrawn as power sites, in the manner and at such times 
as provided for the sale of timber from lands classified as timber lands, 
v/ith due regard to the preference rights of settlers and claimants 
accorded by said acts. The instructions, therefore, of September 15, 
1917 (46 L. D., 447), governing the sale of timber on isolated tracts 
of Oregon and California lands, classified as timber lands (extended by 
instructions approved September 26, 1919, to Coos Bay Wagon Road lands), 
will now be equally applicable to lands classified and withdrawn as 
power sites, under either of said acts. 



PROTECTION OF PREFERENCE RIGHTS 

Sec. 3 - Under the proviso to Section 1 of the act, if a valid 
Claim for a preferred right of entry under Sec. 5 of the Act of June 
9, 1916, or a preference right of purchase or entry under Section 3 of 
the Act of February 26, 1919, is shown to exist, for lands Classified 
and withdrawn as power site lands, it may be exercised therefor under 
the conditions specified under Section 2 of the act, which provides for 
the disposition of lands, thus entered or sold, for water power purposes, 

-42- 



upon the compensation of the owner of the land for actual damages sus- 
tained by the loss of his improvements thereon, such condition to be ■ 
expressly stated in the patent. 

Applications for the exercise of the preferred right of entry on 
lands withdrawn for power site purposes that have been suspended on 
account of such withdrawal, will be taken up for adjudication without 
delay. 

EXCHANGE OF WAG Oi l ROAD LANDS 

Sec. 4 - The provisions of the Act of Hay 31, 1918 (40 Stat., 593), 
authorizing the exchange of lands formerly embraced in the grant to the 
Oregon and California Railroad Company, for lands in private ownership, 
as amended by Section 4 of this act. ..are extended by Sec* 3 thereof, 
to the -lands embraced in the Coos Bay V/agon Road Grant and re conveyed 
under the Act of February 26, 1919; the regulations, therefore, of July 
17, 1918 (46 L. D., 424), will govern the procedure in proposals for ex- 
change of the wagon road lands. 

r F ILING FEES ' ■ ; 

Sec. 5 - The Act of May 31, 1918, is so amended by Section 4 of 
the present act as to require applicants for the right of exchange to ■ 
pay a filing fee of Ol.OO each, to the ; Register and Receiver for. each 
160 acres, or fraction thereof, embraced- in proposed selections, whether 
now pending or hereafter tendered. 

In pursuance of this authority, receivers will state an account 
to all proponents for the right of exchange whose applications are .now 
pending, advising such parties that the payment of such fees is a pre- 
requisite to the further consideration of the proposed exchange, and 
hereafter -such fees shall be paid at the time the application for ex- 
change is filed in. the district land office.' 5 '' 

A copy of the Act of June- 4, 19 20, will be found herewith. 

CLAY TALLMAN 

Commissioner. 

Approved: June 22, 1920, 
S . G . Hopkins, 

Assistant Secretary . 



,...43- 



INSTRUCTIONS RE SALE OF ISOLATED TRACTS IN FORT 
BERTHOLD RESERVATION. 

Circular No. 706. 

DEPARTMENT OF THE INTERIOR 
General Land Office 
Washington, 0. 



June 28, 1920. 



Register and Receiver, 

Minot. North Dakota. 



* 



Sirs: 

Your attention is directed to. the Act of Congress approved May 10, 
1920 (Public No. 201), entitled "An Act For the sale of isolated tracts 
in the former Fort Berthold Indian Reservation, North Dakota." Said 
Act reads as follows: 

"That the provisions of section 2455 of the Revised 
Statutes of the United States as amended by the Act of 
March 28, 1912, (Thirty-seventh Statutes at Large, page 77), 
relating to the sale at public auction of isolated tracts 
of the public domain, be, and the same are hereby, extended • 
and made applicable to lands wit hi n the portion of the Fort 
Berthold Indian Reservation, -Worth Dakota, opened under the 
Act of June 1, 19.10 (Thirty-sixth Statutes at Large, page 455): 
Provided .' That the provisons of this Act shall not apply ifO 
lands which are not subject to homestead entry: Provided fur- 
ther ? That purchasers of land under this Act shall pay for 
the lands not less than the price fixed in the law open- 
■ ingsuch lands to homestead entry." 

The Fort Herthold Indian lands subject to sale under said Act are 
only those v/hich have been opened under the Act of June 1, 1910 v 36 
Stat,, 455), to homestead entry. Any application for sale,, under said 
Act, of Fort Berthold Indian lands not,, subject to homestead entry should 
be rejected. 

Applications to purchase these lands as isolated tracts and 
sales thereof as such tracts will be governed by the general relations 
governing the offering at public sale of public lands under said Section 
2455, as amended by said Act of March 28, 1912, except thax the minimum 
price of the lands will be the appraised price under the Act of. June 
1, 1910. See instructions of April 16, 1920 (Circular No. 684). 

The lands affected by said Act of June 1 191 ? (3 ? ?* a h& t^l 
were opened to entry under the regulations of June 29, 1911 (40 L. u., 

154) . 

In cases where the applications show the Ian ds to *• j^*"^* 
tainous, you rail refer the applications to the Chief of Field Division 
for report as to the character of the land involved. 

Very respectfully, 
Approved: June 28, 1920. CLAY TALLMAN 
PP S.G. Hopkins' Commissioner. 

Assistant Secretary. 

-44- 



Rvmrn 



HL 



department of the interior 

general land office 

washington 



June 23, 1920 



Instructions relative to 
settlement and adjustment 
of claims in certain t - own- 
ships along Snake River. 

Register and Receiver, 

Hailey, Idaho. 
Sirs: 

The Act of May 29, 1920 (Public No. 230 ), provides: 

"That, sutrj ect to the supervisory authority of the Secretary of 
the Interior, the Commissioner of the General Land Office, in his 
discretion, is authorized to sell for cash, for 0l»25 per acre, any 
unsurveyed public land which may, on resurvey be found to exist in 
. .-. .townships nine south of range fourteen east, nine south of range 
fifteen east, nine south of range sixteen east, and nine south of 
range seventeen east of the Boise meridian along Snake River in 
the State of Idaho, to those persons who in good faith, by them- 
selves and their predecessors in interest have heretofore acquired, 
occupied, and improved under the public land laws in accordance with 
a Government survey made in 1883; and said commissioner may, in like 
manner, on principles of equity, adjust, settle, and confirm by. patent 
the title to any lands in said townships heretofore claimed, occupied, 
and improved under descriptions which on resurvey are found to be 
erroneous; the Secretary of the Interior is authorized to make any 
rules and regulations necessary to carry out and effect the purpose 
of this Act, and any person claiming the. benefits hereof shall make 
the required payments and perform such other acts as may be required 
within the time fixed in the- regulations, otherwise any right or ad- 
vantage claimed under this Act shall be forfeited." 

This Act was passed to meet the situation resulting from the fact that 
it had been found that the original -surveys in the townships mentioned in 
the Act were erroneous, particularly in that considerable areas of land 
lying between the river at ordinary high water mark and the meander line" 
as laid down by the original surveys had been left unsurveyed; in certain 
instances also the original survey was erroneous in that the locus of the 
main channel of the river was incorrectly shown. The situation thus dis- 
closed, of necessity resulted in conflicting claims, confusion of titles, 
and litigation, with respect to which this Act is intended to afford a method 
of adjustment. Correct surveys and re-surveys have now been made of the area 
in question, and plats thereof were accepted under date of June 11, 1920; the 
regular triplicate copies of these plats have been forwarded to the United 
States Land Office at Hailey, Idaho, for filing. - It is hereby held and de- 
termined that, as to all lands in these areas situated and lying out si do of 



-45- 



the original moandor linos, which lands are now surveyed and shown on the 
new plats above referred to as land , the original surveys were grossly er- 
roneous, and incorrectly delineated the true condition on the ground; it 
follows that in such cases the old original meander lines become fixed 
boundaries rather than true meander lines. 

In addition to the official plats, there have also been sent to the 
said land office, connected sheets of the areas in question, on which ars 
shown the lands claimed and occupied by the various claimants and occupants 
of the formerly unsurveyed lands, as nearly as could be ascertained by the 
Surveyors in the field. These sheets will doubtless be helpful to claimants 
in ascertaining the lands claimed by them in terms of the hew survey . In 
some instances it will be noted that the claims conflict; in others, owing 
to the rim rock, there are no legal subdivisions exactly covering the land 
claimed. In the 'latter case it is suggested that the claimants of adjoin- 
ing lands arrange to make joint application with a view to adjusting their 
claims by private conveyances after patent is granted. 

All persons desiring to assert any claim under the provisions of this 
act must, within six months from the date hereof (that is to say, on or 
before December 23, 1920), file an application to purchase thereunder in the 
local land office at Kailey, Idaho, describing in terms o f the new survey 
the lands for which the claim is asserted, and setting out fully all the 
facts as to occupancy, improvements, derivation of title or claim to title, 
and such other matters as may be material in determining the rights of the 
parties; in other words, a complete history of the claim.- This application 
\ must, be under oath, and be corroborated by at least one witness, so far as 
practicable. The claims should be accompanied by an abstract of title show- 
ing all recorded transfers or other instruments . 

Upon receipt of such application, the Register will cause to be pub- 
lished, .at the expense of the applicant, for four weeks in a newspaper of 
general circulation published in the vicinity of the land, a notice that 
such application has. been filed, describing the lands sought to be purchased, 
and statingHhat all persons claiming adversely should file their objections 
thereto within the period of publication. 

At the expiration of the period of publication you will transmit all papers 
filed to this office with your report and recommendation. If the claim is 
allowed by this office, the applicant will be required, within 10 days from 
notice, to make the necessary payments upon which you will issue final receipt 
and cash certificate, referring thereon to the act under which issued and., 
account for the same in your current returns. 

Inclosed herewith is a list of the claimants shown on the connected sheets 
above referred to, without their addresses. So far as you can ascertain such 
addresses, you will mail a copy of these requirements to each of said claimants. 

Very respectfully, 

CLAY TALLMAN, 
APPROVED: June 23, 1920 Commissioner. 

S. 0. HOPKINS 

Assistant Secretary- 



TOWNS ITES 

Hot Springs. New Mexic o, 

Hot Springs Townsite in Sierra County, New' Mexico, aspirant for fame 
as a health resort on account of its hot mineral springs which have, been 
retained in Government reservations, has taken an important stride the 
past month-'by reason . of.. the disposition of lets therein under Sec'2384, 
U. S. Rev* Stats. It is understood that the town,' which is incorporated, 
is proceeding to install a water works and sewerage system . Preemption 
applications and proofs involving 233 lots were filed in the Las Cruces 
office, sorift of which will probably be rejected, and some of which were 
probably bid. in at the public auction, which began June 19 and ended June 
25, 1920. These presmption applications and, proof s were all submitted 
prior to the date set for the public sale of the remaining lots, con- 
ducted by Mr. John T. Murphy, Chief of Field Division, who reports the 
sale of 511 lots at public auction for the sum of §16,600, averaging 
si)32.48 per lot.. '.The total' amount received from the preemption claimants 
. and from the public sale is reported to be approximately 025,000. The 
faith 'of the' occupants in the future growth and importance of the town 
is indicated by the large number of lots bought' at the public sale. 

Frannie. Wyoming. . 

June 18, 1920, the Receiver of the U. S. land office at Lander, 
Wyoming, reported that the sale of lots in the townsite off Frannie in 
the Shoshone Reclamation Project, Wyoming,, took place; June 11 to June 
17* inclusive. The total number of lots sold .Was 46. The 'lots' were 
sold for 011,250.00, The amount paid in cash' was 05,306.40, the 
balance of the purchase price to be paid in instilments. 

Pocatello. Idaho . 

May 12,. 1920, an act was passed granting to the City of Pocatello, 
Idaho-,, "for conserving and protecting the source of its water supply," 
certain land containing 2,868.20 acres. The purchase price was:0l»25 
per acre r for the land selected, the City being' authorized to select 
such portion thereof as it might deem necessary* The patent was to' be 
subject to all existing legal rights theretofore acquired. The oi}., 
coal, gas and other mineral deposits that may be found in the land was 
reserved to the United States. The City under the act was allowed two 
years from the passage of the act within which 'tor make its eele'etion 
and entry of the land. The act also sets 'aside .78.40 acres for an 
addition to the townsite of Pocatello. The regulations for the adminis- 
tration of the act' are being prepared 1". Pocatello is One of the most 
prosperous and progressive cities of Idaho. 

Additions to Ketchikan T Alaska . 

This office is in receipt A two applications for appointment of a 
trustee to enter two tracts of land as additions .to the townsite of 
Ketchikan, Alaska, one of the additions lying on the west, of the tov/nsite 
and the other on the east. The surveys of the .exterior lines of the 
addition have been made and are now being 1 considered by this office, 
after which prompt action will be taken looking to the appointment of a 
trustee. 

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Petersburg, Alaska . 

May 22, 1920, Mr. G. R. Arundell, trustee for the townsite of 
Petersburg, Alaska, transmitted his report showing the disposition of 
all surveyed lots in said townsite and recommending that the money in 
his hands, amounting to 01687.35, be turned over't-o t-he City of Peters- 
burg, and that his trust be closed. Action looking "to the closing of 
said trust is being taken. Petersburg is one ;;oY the 'thriving towns of 
Alaska and bids fair to become a place of considerable importance. 

Timber Lake T South Dakota . " • 

The Superintendent of the opening and sale of the Indian Reserva- 
tions on June 5, 1920, offered for sale the undisposed of lots in the 
townsite of Timber Lake in the Cheyenne River Reservation, South Dafcota 
Sixty-three lots were disposed 'of at the public sale for $6,973.00, 
and the undisposed of lots were reappraised and made subject to private 
sale. The report and reappraisement were approved by the Assistant 
Secretary of the. Interior.' 'The lots sold at the 'public sale brought 
double the appraised price.- ^ ' 

Myton. Utah . 



Regulations for the sale of the lots in the recent supplemental 
plat of Myton, Utah/are being issued for the disposition of said 
lots, and the appraisement will soon be made so that the sale can take 
place on September 15 , 1920, thus giving ample time for publication. 

Addition to Superior, Arizona . • 

An application for the entry of lot 4 Sec. 2, and lots 1 and 2 
Sec. 3, T. 2 S.,R. 12 &.$ 6. & S. R. M., Arizona', for an addition to 
the townsite of Superior, Arizona, has been received and suspended 
pending consideration of mineral protest,. and further because of its 
location in the Grook National Forest. 

Bonita T Louisiana . 

Regulations are being prepared for the administration of the Act 
of June 5, 1929, authorizing the Secretary of the Interior to issue 
patent to R. L. Credille, mayor of the village of Bonita, Louisiana, 
in trust for the use and benefit of the occupants of said townsite 
located on the S-g- SWj- Sec. 5,'T. 22 N., R. 8 E-, L. M. 

Nome, Alaska . • ■ 

When the trustee for the townsite of Nome, Alaska, submitted his 
final report, there was still remaining in his "hands 02,016.18 for 
which no lot purchasers who had 'paid a part of the same could be found, 
in order to refund the excess payments. June 22, 1920, on the recommen- 
dation of this office, the Assistant Secretary of the Interior ordered 
that the said money be turned over to the treasurer of the City of Nome, 

-48-' ■ 



Alaska, the money bein<3 at present in the hands of the Commissioner of 
this office as trustee for said tov/nsite. This action will finally 
dispose of all natters connected with the administration of said trust . 



Reclamation townsites. 



June 22, 19 29, the Secretary of the Interior authorized the Director 
of the U. S. Reclamation Service to lease from year to year for agricul- 
tural purposes unsold lots and uftsurveyed lands in reclamation tovmsites. 
Each lease is to expire on December 31 of each year. 

October 31, 1919, Congress passed an act, Public No. 72, granting 
to school districts located. wholly or in part withinthe bounds of the 
U. S* Reclamation townsites, not exceeding six acres. *in area in each of 
such tovmsites. Regulations have been prepared for the administration of 
said act and the same were approved by the Assistant Secretary on June 23, 
1920. 

Converse County, Box Elder Canyon Park Site .- 

May 28, 1920, Executive Order, Mo, 3278, was issued in aid of the 
ponding legislation, proposing to grant to Converse County, v/yoming 
certain lands including what is known as Box Elder Canyon, for a parte 
site. The canyon is said to be similar in many respects to the /eliow 
Stone Canyon, but does not cover so much land, and the county aesires 
to acquire title to it for its scenic beauty. 

Crow Indian Reservation Townsites. 

Under Sec. 17 of the Act approved June 4, 1920, the Secretaryof the 
Interior, with the approval of the Crow Tribal Council, was _ autnorized 
to set aside such tracts for townsite purposes as in his opinion may b 
required for the public interests, not to exceed 80 acres in each *°™ll ' 
and authorizing him to cause the same to be surveyed into lots and blocks 
and disposed or under such regulations as he may .prescri oed reserv ing 
not more than 10 acres in each tov/nsite for school, park, and ouAer public 
purposes. Regulations for administration of said act are in- coarse of 
preparation, 

F lathead Lake Villa Sit as, Montana. 

This office has received five letters requesting an extension of 
time within which to make payment of the delinquent installments of e 
purchase price of the lands in the Flathead Villa Sites, ^ril 12 
survey and sale of said lots were authorized by tne Act of April 12 
1910. The sale of said lots took place on July 26, 1915 and aoi . he 
lots were sold. The total number, 889 lots, wer ?*°l*_* \*™£ ™ * 74 ' 
of which sum 034,377.45 was paid at tee time ^.^J^* 1 ^^^^ 
balance of 094 493.29 which was divided into not exceeding three annuax 
navmenls The Greater portion of the deferred purchase price ox the lots 
Is^tm due ant unpaid! The reasons alleged for said de l^q-ncy -d 
for the extension of time is that that part of the State of Montana nas 



-49- 






had, by reason of drouth for the last , three' years, almost total c^op _ 
failures and this season looks very doubtful, there having been no lain 
since seeding begun. Action is being taken looking to the sub.?i3 ..io; of 
the Secretary of the Interior, through the Commissioner of Indian Affairs, 
the requests for an extension of time recommending that the same be 
granted for a period of one year. 

RECENT LEGISLATION 

Jurisdiction Over National Parks . 

H* R. 12044, to accept the cession by the State of California of 

jurisdiction of the lands embraced wit hi n the Yosemite National Park, 

Sequoia , National Parki and General Grant National Park, respectively, 
received the approval ■' of the President June 2, 19 20, and is now Public 

Ho. 235. 

Allotment of Crow Lands. 

S. 2890, to provide for the allotment of lands' of the Crow Tribe 
of Indians and for the distribution of tribal funds, received the ap- 
proval of the President June 4, 1920, and is' nov/ Public No, 239. 

Oregon and California Railroad Lands and Coos Bay Y/agon Road Lands. 

H. R. 9392,. regulating the disposition of lands formerly embraced 
in the grants to the Oregon and California Railroad Company and Coos Bay 
Wagon Road Company, received the approval of the President June 4, 1920, 
and is now Public No. 241. Instructions under this act appear elsewhere 
in this number of the Bulletin* 

Sierra National Forest. 

Senate 2789, for the consolidation of forest lands in the Sierra 
National Forest, California, received the approval of the President June 
5, 19.20, and is now Public No ♦ 253. 

Grant to Los Angeles T California . 

H. R. 406, an act entitled "An Act authorizing and directing the 
Secretary of the Interior to sell to the city of Los Angeles, California, 
certain public lands in Calif ornia;and granting rights in, over, and 
through the Sierra Forest Reserve, and Santa Barbara Forest Reserve, and 
the San Gabriel Timber Land Reserve, California, to the City of Los 
Angeies, California", approved June 30, 1906 received the approval of the 
President June 5, 1920, and is now Public No. 257. 

Game Sanctuary in South Dakota . 

H. R. 11398, for the creation of the Custer State Park Game Sanctuary, 
in the State of South Dakota, received the approval of the President June 
5, 1920, and is now Public No. 258. 

-50- 



Reclamation under the Carey Act in Oregon. 

H. R. 14101, authorizing the Secretary of the Interior, within his 
discretion, to continue to not beyond October 21, 1930, the segregation 
of the lands embraced in approved Oregon Segregation List No. 11, un- 
der the Carey Act , received the approval of the President June 5, 1920, 
and is now Public No. 260. 

Caribou National Forest ,, 

H. R. 4311, to authorize the addition of certain lands to the 
Caribou National Forest, received the approval of the President June 5, 
19 20, and is now Public No. 273 » 

Federal Water Power Act . 

H. R. 3184, to create a Federal Power Commission; to provide, for 
the improvement of navigation; the development of water power; the 
use of the public lands in relation thereto, and to repeal Sec. 18 of 
the River and Harbor Appropriation Act, approved August 8, 1917, re- 
received the approval of the President June 10, 19 20, and is now 
Public No. 280 . 

Conveyances of railroad right of way for public raods purposes . 

H. R. 9825 approved May 25, 1920, authorizes all railroad com- 
panies to which grants for rights of way through the public lands have 
been made by Congress, or their successors in interest or assigns, to 
convey to any State, county or municipality any portion of such right 
of way to be used as a public highway or street. The act provides that 
no conveyance shall have the effect to diminish the right of way of such 
company to a less width than 50 feet on each side of the center of the 
main track of the railroad. The act requires' no action before the Land 
Department as such conveyances need not be approved by the Land Depart- 
ment or notice be given to it that the company has conveyed any portion 
of its lands for the purposes designated. 

Application of proceeds of 1^000,000 acre grant to New Mexico . 

The Act of June 5, 19 20 (Public No, 247) grants Federal consent for 
the State of New Mexico to apply any part' of the proceeds of its 1,000,000 
acre grant made by Sec. 7, Enabling Act of June 20, 1910 (36 State, 557), 
for reimbursement of Grant, Lurta 9 Hidalgo, and Santa Fe Counties for 
interest paid on Grant and Santa Fe County bonds; also for payment of 
certain Silver City bonds and interest thereon,, 

Instructions under this Act are unnecessary, inasmuch as the Act 
does not increase or decrease the acreage granted, but simply authorizes 
application by the State of the proceeds of the grant for additional 
specified purposes. 

-51- 



Reserved Shore Spaces in Alaska. 

H. R. 10806. An Act To provide for the abolition of the eighty- 
rod shore spaces between claims on shore waters in Alaska. 

Be it enacted by the Senate and House of Representatives of the 
United .States of America in Congress assembled, That the provisions 
of the Act of May 14, 1898 (Thirtieth Statutes at Large, page 409), 
extending the homestead laws to Alaska- and of the Act of March 3, 
1903 (Thirty- second Statutes at Large, page 1023), amendatory thereof, 
in so far as they reserve from sale and entry a space of at least 
eighty rods in width between tracts sold or entered under the pro- 
visions thereof along the shore of any navigable water, and provide 
that no entry shall be allowed extending more than one hundred and 
sixty rods along the shore of any navigable water, shall not apply 
to lands classified and listed' by the Secretary of -Agriculture for 
entry under the Act of June 11, 1906 (Thirty-fourth Statutes, page 
233), and that the Secretary of the Interior may upon application to 
enter or othervd.se in his discretion restore to entry and disposition 
such reserved spaces and may waive the restriction that no entry 
shall be allowed extending more than one hundred and sixty rods along 
the shore of any navigable water as to such lands as he shall deter- 
mine are not necessary for harborage uses and purposes. 

Approved, June 5, 19 20 - Public No. 276. 

Regulations under this act are in course of preparation. 



RECENT DECISIONS OF THE COURTS AND THE DEPARTMENT 



Red River Oil Field - Boundarie s . 

In the case of the State of Oklahoma against the State of Texas, 
United States intervener, pending in the Supreme Court of the United 
States, No. 27 . , Original, an order was made April 1, 1920, granting an 
injunction and appointing a receiver, in which the defendant, the 
State of Texas, is enjoined from selling any purported rights, or mak- 
king or issuing any grants, licenses or permits to any person, corpora- 
tion or association covering or affecting any lands, or any part of the 
bed of .Red River, lying north of the line of the south bank of such 
river, as said bank existed at the date of the ratification of the 
Treaty of 1819 between the United States and Spain, that is to say, on 
the 22nd day of February, 1821, and between the 100th degree of west 
longitude and the southeastern corner of the State of Oklahoma. 

The description of the lands included within the receivership, as 
surveyed in the field, will be found at page 4 of the last number of 
the Land Service Bulletin * The receiver was authorized and empowered 
to take possession of said lands and property forthwith, to take all 
appropriate measures to conserve the oil and gas within such lands, 
and to control all operations thereon for the protection and disposal 
of such ..oil and gas. 



-52- 



June 7, 1920, the Court, on consideration of the reports of the 
receiver, ratified and confirmed the action of the receiver in taking 
possession of and operating under his own management the property 
described under the order of April 1, 1920, and issued in detail instruc- 
tions to said receiver in the natter of his future control and develop- 
ment of the lands embraced, within the receivership. 

On the same date the Court directed that the case should be set 
down for hearing on the 15th day of November, 1920, upon the following 
questions of lav;, to wit: 

"(l) Is the decree of this court in United States 
against the State of Texas (162 U. S., l) , final and 
conclusive upon parties to this cause in so far as it 
declares that the Treaty of 1819 between the United 
States and Spain fixed the boundary along the south 
bank of Red River? 

(2) If said decree is not conclusive, then did the 
Treaty of 1319, construed in the light of pertinent 
public documents and acts, fix the boundary along the 
mid-channel of Red River, or along the south bank of 
said river? ; ' 

Public Waters - Arroro -pr iv ation - R-eclamation Service * 

1. Under the statutes of Idaho, the right to the use of water . 
can be acquired only for beneficial purposes, and one can not main- 
tain possession or withhold it from another unless he is actually 
using it or is ready to use it for a beneficial purpose* 

2. So long as the Reclamation Service can apply surplus water 
appropriated for a project, to a beneficial use,, although on lands 
outside the project, and thus lessen the cost to lands within the' project, 
it is within, the scope of its authority and may acquire rights of way. 
under the Act of August 30, 1890 - Griffith et al v. Cole et al (264 
Fed. Rep., 369). 

Railroad right of Ha y - Abandonment . 

The non-user by a railroad company of a part of its right of way 
does not constitute an abandonment of such unused portion. 

The Act of June 24, 1912 (37 Stat., 138), is not restrospec- 
tive in its effect so as to aid an abutting owner to acquire a 
railroad right of way by adverse possession. Union Pacific R. Co., 
vs. booster et al (177 Northwestern, 740). 

Seepage Waters - Appropriations . 

•There seepage waters which would otherwise be returned to a 
stream and were part of the sourse of supply can be used by plaintiff 
on whose lands they collected ,, he may use them so long as such diver- 
sion does not prevent their return to the stream and injure the lower 
prior appropriator. Rasmussen v. Moroni Irrigation Companv et al 
(189 Pac, Rep., 572). ■ 

-53- 



Appropriation of Water - Diversion . 

Vi/hile an original appropriator of water acquires a right in his 
mien or method of diversion which may not be changed to his prejudice, 
yet if another user who is entitled to the water can, by changing the 
manner of diversion, save water, the court may permit him to make such 
change and use the water saved. Big Cottonwood Tanner Ditch Company 
et al v. Shurtliff et ux (189 Pac . Rep., 587). 

Diversion of Waters . 

Neither a levee district nor any other municipal or quasi 
municipal corporation has authority to change the natural channel of 
a water course so as to turn floods upon adjacent property not 
naturally subject to its flow, without some expressed authority of 
law or legal. procedure, and even then the injured party must have 
his day in court. Haynes et al v. Indio Levee District et al (189 
Bau. Rep., 475)* 

Meander Lines - Tidal Lines, 

A patent to shore lands should ordinarily be construed as ex- 
cluding therefrom the land below the high tide line which belongs to 
the State by virtue of its sovereignty, in the absence of an express 
showing to the contrary. City of Los Angeles v. San Pedro, L. A. & 
S. L. R. Co. (189 Pac* Rep., 449). 

Railroad Right of Way - Indian Reservation . 

In the case of Iladeau et al against the Union Pacific Railroad 
Company, the Supreme Court of the United States, June 7, 1920, had 
under consideration the question of whether the right of way granted 
to the predecessors of this company, became effective upon lands 
embraced within the Potowatomie Indian Reservation at the time of the 
grant which was made by the Act of July 1, 1862. In discussing the 
case, the court at the outset cites the case of Kindred against Union 
Pacific Railroad Company (225 U. S., 582), wherein it was held that 
it appeared to be the definite purpose of Congress to treat Indian 
reservations generally subject to its control, as public lands within 
right of way provisions. In conclusion the court holds that the grant 
of the right, of way in 1862 was present and absolute and upon identi- 
fication of the route took effect as of the date of the act. A3.1 who 
thereafter acquired public lands took subject- thereto. Although the 
prior Treaty of 1861 contemplated future allotments, none had been 
made.. No individual title to any portion of the land arose until 
allotted and none was allotted until after 1862. 

Oil - . locations - Diligence in Prosecution of Work • 

Secretary Payne of the Department of the Interior decided the 
Honolulu Consolidated Oil Company cases on the 17th ultimo. He 
reversed the decision of the Commissioner of the General Land Office 
as to the so-called McReynolds locations and affirmed that officer's 
decision as to the Fox locations. 

-54- 



He holdc that on the date of the withdrawal order the Company was 
not in diligent prosecution of work leading to a discovery of oil with- 
in the terms of the Act of Congress. Applications of the Company for 
patent are deniod. The decision will appear in the Bulletin when it be* 
comes final. 

Stock-raisin g Homestead Ac t construed : 

In the case of Rani? Tinfcham, Douglas 015751, decided "by the Depart- 
ment May 22, 1920, it was held that an original entry under Sec. 2289, 
U* S. Rk S., made within the Kinkaid area in Nebraska, was no bar to 
an original entry under the Stock-raising Homestead act for the differ- 
ence between the first entry and 640 acres, the Charles Makola de- 
cision (46 L. D., 509) being cited as authority therefor. A distinc- 
tion is drawn between the rights of the entryraan whose original entry 
is within the Kinkaid area and the rights of one whose original entry 
was outside of such area; in the latter case, if the original entry 
is for 160 acres and is not subject to designation under the enlarged 
homestead act or the stock-raising act it exhausts the entryman' s 
homestead rights. 

Indian Lands - Unrestricted Patent « 

DEPARTMENT OF THE INTERIOR 
WASHINGTON 

June 18, 1920 

The Commissioner 

of the General Land Office. 

Dear Mr. Commissioner: 

1 am in receipt of your letter of June 7, 1920, requesting 
instructions as to whether an unrestricted patent should issue to 
Albert J. Grimm for the N.-f-, Sec. 24, T. 32 N., R. 49 E., M. M. 

It appears that said Grimm on May 20, 1914, made homestead 
entry for the NWy^-, said Sec. 24, and on July I, 1915, made an 
additional entry for the NE .^- of the same section, all the land be- 
ing within the ceded portion of the Fort Peck Indian Reservation, 
opened to entry under the act of May 30, 1908 (35 Stat., 558). 

In accordance with the terms of said act, the lands had been 
examined' and classified as nonmineral. It now appears that on 
April 27, 1917, the NE.^'NE.-^j said Sec. 24, was classified as coal 
land, at Ol0 per acre. 

The land having been entered and partly--., paid for before 
the 40-acre sub di vis on was classified as coal, entryman is entitled, 
upon payment of the price at which the lands were sold, to an un- 
restricted patent. 

The instructions of November 16, 1917, relative to lands with- 
in the former Fort Berthold Indian Reservation, are applicable to 
the lands within the ceded Fort Peck Indian Reservation. 

Very truly yours, 

S . G. Hopkins, 

Assistant Secretary. 

-55- 



LAMP ATTORNEYS* ASSOCIATION OF THE DISTRICT OF COLUMBIA, 

In the December number of the. Bulletin for 1919, will be found a 
short sketch of the incorporation of—the Land Attorneys* Association 
of the District of Columbia, the purposes of the association, and the 
results that it apparently seemed tothave accomplished. 

The Bulletin has now been permitted, through the courtesy of 
the Secretary of the Association, Mr. Frank Law of the firm of 
Burdett, Thompson and Law of this city, .to examine the minutes of the 
Assocation during the period of its activities. 

The minutes of the first meeting of the Association are dated 
February 22, 1878, and the last meeting, which adjourned to meet at 
the call of the President, was held March 14, 1894. In the period 
lying between these dates, the minutes disclose a lively appreciation 
of the mutual relations that should exist between the Land Department 
and the attorneys in charge of litigation before the Department. 

Attention has heretofore been called in the Bulletin, under the 
title of "Rules of Practice in the Land Department", May Bulletin, 
1919, to the gradual .development of procedure under our present pub- 
lic land system due to the recognition on the part of Congress of the 
right of public land applicants to be successively heard before the 
several officials, and bureaus, charged with the execution of the 
public land laws, together with the Act of May 14, 1880, authorizing 
preference right of entry to successful contestants, and the Act of 
July 5, 1884, providing for the admission of attorneys to practice 
before the Interior Department, all of which has resulted in a well 
defined system of land jurisprudence in the Interior Department, 
wherein' counsel skilled in the lav/ contribute equ a lly with officials 
of the Department to the fulfillment of the original scheme. In 
keeping with this conception of the true relation of attorneys prac- 
ticing before the Interior Department, and the Department itself, the 
Association devoted itself to working otifc crudities existing in the 
Rules of Practice under which procedure. was then governed. All of 
this was" carried, on through conferences • from time to time between 
committees from the Association and officials of the General Land 
Office. Comparing date.s of minutes, when the subject of amending the 
Rules of Practice was under discussion, and subsequent rules announced 
by the Land Department, it- is -quite apparent that the expression of 
views on the part of the .Association met with appreciation on the part 
of the Department. 

At the meeting of the Association' of September 8, 1380, a number 
of the Rules of Practice were taken up and discussed in seriatim, with 
many suggestions and modifications, all of which were finally reduced 
to form, and the proposed changes in the Rules of Practice then adopted, 
were submitted to the Commissioner of the General Land Office for his 
consideration. The suggested changes' seem, :' in : many respects, to have 
been well received in the Department, for the subsequent Rules of 
Practice promulgated December 20, 1830, cover substantially many of the 
proposed changes emanating' in the Association. These rules, by the way, 
with but few changes, governed procedure in the Land Department until 
the adoption of the present Rules of Practice in 1910. 

-56- 



The proposition to organize, within the Interior Department, 
something in the form of a land court, has been entertained from 
time to time, both by practitioners- before the Dep-artrrfe'nt' as v/ell 
as members of Congress, Bills have been introduced In Congress look- 
ing toward the establishment of land courts, so styled, either inside 
the Land Department or entirely independent thereof; none of which 
have ever received so much as a favorable report at the hands' of any 
committee so far as the Bulletin now can ascertain,- It seems, however, 
that the Association took up this matter and drafted a bill to accom- 
plish this purpose, being apparently inspired by suggestions received 
from the Department itself. Quoting from the minutes of the last 
meeting,^ . . '-'''- : 

"The' president stated the object 1 of the meeting to be 
the consideration of a- proposition' emanating in the office 
of the Secretary of the Interior, for"- the establishment 
of a Land Court or Land Courts, in the Interior Department, 
in which the cooperation of the Association is desired. 
The president touched- upon the interview which he had with 
• Mr. Assistant Attorney General Hall On the subject, and was 
followed -by Mr, Reddington, Mr. .Chandler and Mr. Luckett, 
each .of whom referred to conversation which had occurred 
between them and officials in the Secretary's Office, 
Mr. Burdett, Mr. Thompson, Mr. Curtis, "Mr. Keigwin, also 
. participated in the discussion. Mr. Burdett, in the course 
of his remarks, suggested -that .it .would be well to incorporate 
in any bill that may be proposed, a provision that the facts 
and the lav; be ascertained by a competent Examiner and sub- 
mitted by him to the court, notice of such action to be ' 
communicated to the attorneys, for the respective parties, 
who should be allowed opportunity to submit exceptions to 
the Examiner's reports,- as in the. case of a referee in 
chancery, and thereafter to : argue the case before the court." 
The members o.f the Committee to .draft this bill as finally 
announced, were:, Messrs*- H.olcombe v Chandler, Burdett, Luckett, 
Reddington, Hazleton, Mendenhall 'and Britt'-ar. ■. . 

As a result, the committe drafted a bill entitled "A Bill to 
facilitate the determining of land matters in the Department of the 
Interior", a munuscript copy of which; is in- ihe'.possessISn- of the 
Bulletin. This bill in substance placed all authority to hear, 
determine and decide questions involving. -right s to the public land, 
in the hands, primarily, of three boards in. the General Land Office, 
to be known as-Board No. 1$; 3'bard No. 2 5 and Board No. 3, together 
with a Public Land Board of -.Appeals in the. Office of the Secretary 
of the Interior, with' the right of appeal fr.pm- this board to the 
Court of Appeals for the District of Columbia, with provision for a 
review of its proceedings, by the Supreme Court of the United States. 
The fact that the committee worked over the provisions of this bill 
carefully, is not -only-^ evident from the bill as it now stands, but 
also from copies found with the minutes that bear evidence of many 
changes, evidently the result of discussions between members of the 
committee. However,, that may be, so far as. can be ascertained by the 
Bulletin, this proposed measure was not introduced in Congress. 



-57- 



The membership '©£ this committee is worthy of note, as it includes 
one former First Assistant Secretary of the Interior, ono former 
Commissioner of the General Land Office, one former Chief Clerk of 
the General Land Office, one former clerk of the General Land Office, 
one ex-member of Congress, and throe of the best known public land 
attorneys then practicing before the Interior Department. 



RESTORATIONS AND OPENI NGS . 

FROM RECLAMATION WITHDRAWAL 

WYOMING: About 1,900 acres in Fremont County, Lander land district, 
open to homestead and desert land entry by ex-service men of the World 
War beginning July 12, 1920, at 9 a. m. Filings may be presented 
during the 20 days prior to that date-. The lands are released from 
reclamation withdrawal, are along the Wind River and border on the 
Wind River, or Shoshone Indian Reservation. The Wyoming and North- 
western Railroad runs 'through the tract and the nearest town is 
Riverton. Available information indicates that the lands are level 
and are gentle rolling in character and the soil for a distance of 
about one mile from the river is sandy loam and very fertile. Any 
lands that remain unentered will be opened to homestead entry only 
by the general public from September 13 to October 3, 1920, and 
such filings may be presented during the 20 days from August 24 to 
September 13, 1920. Beginning October 4, 1920, any remaining lands 
will be subject to general disposition, that is, to appropriation 
under any applicable public land law, 

FROM RECLAMATION WITHDRAWAL. 

NEVADA: About 3,600 acres in Ormsby County, Carson City Land Dis- 
trict, open to homestead and, desert land entry by ex-service men of 
the World War beginning July 12, 1920, at 9 a,, m. Filings may be 
presented during the twenty days prior to that date. The lands are 
released from reclamation withdrawal and are in the vicinity of 
Carson City, and the Virginia & Truckee Railroad, Available informa- 
tion indicates that a portion of the land restored is good agricultural 
land; the balance is mostly dry sage brush land. Some of the tracts 
which are hilly, contain out-croppings- of sandstone and limestone 
rock. Any lands that remain unentered will be open to homestead 
entry only by the general public from September 13 to October 3, 
1920, and filings may be presented during the 20-day period from 
August 24 to September 13, 1920. Beginning October 4, 1920, any re- 
maining lands will be subject to general disposition; that is, to 
appropriation under any applicable public land lav/ by the general 
public. 

FEO&r.TEMBQRARY FOREST WITHDRAWAL . " • 

MICHIGAN: 2,947 acres in scattered tracts in Presque Isle, Roscommon 
and Crawford Counties, Marquette Land 'District, open to homestead 
entry by ex-service men of the World War beginning July 6, 1920, at 
9 a. ,m. Filings may be presented during the twenty days prior to that 

-58- 



date. Tho lands aro released from temporary withdrawal for forest pur- 
poses. Any lands that remain unentered will be open to homestead' entry 
only by the general public from September 7 to September 14, 1920, and 
filings may be presented during the twenty-day period from August 18 
to September 7, 1920. Beginning September 14, 1920, any remaj v '• 
lands vail be subject to general disposition; that is, to appro ion 

under any applicable land law by the general public. 

FROM TEMPORARY FOREST WITHDRAWAL . 

OREGON: 1460.83 acres in Asotin County, La Grande Land District, open 
to homestead and desert-land entry by ex-service men -of the World War 
beginning July 7, 1920. Filings may be presented during the twenty 
days prior to that date. The lands are released from temporary with- 
drawal for forest purposes. Any lands that remain unentered will be 
open to homestead entry only by the general public from September 8 
to September' 15, 1920, any remaining lands will be subject to general 
disposition - that is, to appropriation under any applicable land lav; 
by the general public. Such preferences are subject to the right of 
the state to school sections in place. 

FROM STOCK DRIVEWAY WITHDRAWAL. 

WYOMING: 1123.62 acres in Natrona County, Douglas Land District, open 
to homestead and. desert-land entry by ex-service ment of the World 
War beginning July 13, 192C. Filings may be presented during the 
twenty days prior to that date. The lands are released from stock 
driveway withdrawal. Any lands that remain unentered will be open to 
homestead entry only by the general public from September 14 to 
September 21, 19*20, and on September 21', any remaining lands will be 
subject to general disposition - that is, to appropriation under an]/ 
applicable land law by the general public. 

SOUTH DAK OTA: 185.13 acres, in -two non-contiguous tracts, in Sec. 5, T. 
20 N«, R. 18 E., B. H.'M., Lemmon land district, open to entry under the 
homestead laws July 21, 1920, tc ex-service" «ment of the war with Germany; 
filings may be presented during the twenty days prior to that dat . 
Any land that remains unentered will be opened to homestead entry :nly 
by the general public from September 22 to 29, and to disposition under 
any applicable land law on and after September 29, 1920. 

fro:,:. stock driveway withdrawal 

MEW MEXICO: 868 acres in Rio Arriba County, Santa Fe Land District, 
open to homestead and' desert-land entry by ex-service men of the World 
War beginning July 21, 1920. Filings may be presented during the twenty 
days prior to that date. The lands are released from Stock Driver/ay 
Withdrawal. Any lands that remain unentered will be open to homestead 
entry only by the general public from September 22 to September 29, 1920, 
and on September 29, any remaining lands will be subject to general 
disposition - that is, to appropriation under any applicable land lav; by 
the general public. The lands are generally mountainous and grazing in 
character, and 548 acres thereof have been designated under the En- 
larged Homestead Law, and 320 acres are withdrawn for coal classification 
and subject to surface right entry under the Act of June 22, 1910. 

-59- 



SALE OF ABANDONED MILITARY RESERVATIONS 

'Gamp Three Forks Owyhee. Idah o ir . and, Oregon . 

By regulations of ^ April 1, 1920 (circular 58l), provision was made 
for the sale at public auction to the highest bidders of the Abandoned 
Camp Three Forks Owyhee Military Reservation, Idaho and Oregon,the'lands in 
Idaho to-be sold 'June 21 and the lands in Oregon to be sold June -25, 1920. 

A telegram received from John McPhaul, Superintendent of Sales, 
is to the effect that all land in said reservation in Idaho and 
Oregon have been sold at a flat advance of 50 cents per acre over the 
appraised price . 

F c rt G ra nt t Ar i z ona . 

Mr. F. C. Dezendorf, of the General Land Office, left Washington 
Sunday, June 26, 1920, to proceed to Uillcax, Arizona, to conduct the 
sale of the Abandoned Fort Grant Military Reservation ai? that place 
on July 6, 1920. Provision for the sale of this reservation was made 
in regulations of April 19, 1920 (circular 685). 

STOCK DRIVEWAYS 

Since the May Bulletin was issued, another 1 stock driveway has 
been established in Wyoming* in the Buffalo district, and certain 
driveway withdrawals in Montana^ Nevada, New Mexico and Wyoming have _ 
been modified* During this period^ the tdtal area Withdrawn for 
driveway purposes is 22,937 acres, distributed by States as follows: 
1,572 acres in New Mexico and 21,265 acres in Wyoming; and the area 
released from withdrawal for such purpose aggregates 2,754 acres, 
320 acres being in Montana, 400 acres in Nevada, 870 acres in New 
Mexico, and 1,164 acres in Wyoming, 



SALE 0E CHEYENNE RIVER AND STANDING ROCK INDIAN LANDS 

The provisions of the act approved May 29. 1908 (35 Stat., 460), 
and the Departmental regulations of February 27, 192C, in conformity 
therewith, authorized the offering and sale of 'the unentered lands 
that had been subject to homestead entry for a period of seven years, 
within the former Cheyenne River and Standing Rock Indian Reservations, 
North and South Dakota, beginning at Lemmon, South Dakota, May 27, 
1920, and at Timber Lake, South Dakota, June 1, 1920. 

The report of the sale has been received in 'the General Land 
Office, from the Superintendent of Sale, Mr. John McPhaul, from which 
it appears that while there was considerable difference of opinion 
among interested parties as to the advisability of this sale at the 
present time, due to the stringency in the money market, yet in 
accordance with what seemed to be the better judgment it was deemed 
advisable to proceed with the sale, the results fully justifying such 
conclusion, the sale? in the two districts mroxe' as follows^' ** 

-60- 



Total number of acres sold, 196,083.96, ap.pfo30.sed at 0462,997.75, 
sold for 0634,270.85, making the selling price 0171,273.10 over the 
appraisals. 

This is certainly a most gratifying report, and servos to 
emphasize once more the land hunger of our people, when it is 
remembered that .these lands had for so many years remained open to 
homestead entry without any takers, and yet when opportunity came 
proved to be a desirable cash proposition. 

MAORI LANDS TAKEN OVER BY NS17 ZEALAND SETTLER S, 

The policy of allotting a part of Indian tribal lands to the 
individual members of the tribe, and devoting the remainder tc the 
development of the allotted lands, seems to have been adopted in 
New Zealand in dealing with Maori lands, t/e quote from a recent re- 
port from our Consul General at Auckland, New Zealand. 

"I have the honor to report that according to late 
figures given out, the land held and controlled by the 
Maoris under their original allotment ag native of the 
country, is very rapidly being absorbed by the white 
people of New Zealand; and is being put to much better 
use than under the old regime. At the. close of .1919 the 
Maoris held 5,093,922 'acres, as compared with 10,829,486 
at the close of 1891, and 7,137,205 acres at the close of 
1911. 

This general transfer of Maori holdings to European 
. ownership has proven a boom to the development of the 
Dominion, and it is expected that the next few years will 
see a very large proportion of the 5,000,000 acr.es taken 
ever by the New Zealand Government and private interests 
to the advantage of the Dominion. In one locality' where 
the taxes amounxed to £87^50 eight years ago they have 
now increased to 014,539 as a result of Maori land being 
taken over by European owners and developed by them. 

Aside from lands held exclusively by Maori 
communities there are but 2,811 Maori holdings, and it 
is estimated that 1,000,000 acres should be sufficient 
for the total Maori population of less than 50', 000 
persons; and it is recommended that the balance, or 
4,000,000 acres, be sold and the money applied to the 
development of the land remaining in the possession of 
the Maoris. At present many of the Maoris have more 
land than they can work and no funds with which to' work 
it. Such a disposition of the Maori holdings, as well 
as the Crown holdings, will very greatly increase the 
assessed valuation of freeholds in the Dominion. !I 

-61- 



ASMMLMZLROm'- - DINING CAR SERVICE* 

From a recent number of the Alaska Railroad Record it appears that 
oh the Government railroad between Seward and Anchorage, .a dining car 
service is on the regular schedule and is a ver'y attractive proposi- 
tion to travelers; it being stated that prices^ variety and manner 
of service compare very favorably with the menu in dining car Ser** 
vice in the States. 

The item in the Record includes a copy of the dining car menu, 
which the Bulletin must admit presents a bill of fare quite as 
attractive, if not more so, than would be encountered in some of 
our hotels in V/ashington so far as variety and prices go. 



RECEIPTS AMD DISPOSITION OF PUBLIC MONE YS 

The Bulletin likes to say kind things whenever opportunity serves, 
but it likes still better to hear kind things said of the Land Service. 

Recently an efficiency official had occasion to examine the 
system established in the General Land Office for handling public 
moneys, and this is what he said: 

"Tilhile recently employed by the United States Patent 
Office on efficiency work, I had occasion to investigate 
the methods practiced by several Government establishments 
. ■ cov?ring the receipt and disposition of public funds* My 
investigations included a survey of the financial offices 
under the Superintendent of Documents at the Government 
Printing Office, the Copyright Office at the Congressional 
Library, and the Receiving Clerk's Office at the United 
. States Land ^Office. Calls were also made at the office of 
the Comptroller of the Treasury and at the office of the • 
Auditor for the Interior Department. A simple line of 
procedure was sought for handling public moneys, and I 
wish. to state that the accounting methods as practiced in 
your Receiving Clerk's Office were especially referred to 
by the Comptroller and by the Auditor as a model system 
and. highly praised by the above officials. I found the 
system, myself, to be very complete and far ahead of the 
other offices I visited. All of your records dove-tail 
in and interlock so that it is a simple matter to. trace 
any item and there is no useless duplication in handling 
the accounts. Your Receiving Clerk's work is systematically 
handled from beginning to end and those in charge of the^ 
work should receive due praise and consideration for their 
efforts." 



-62- 



CONSOLIDATED WORK REPORT OF LOCAL LAND OFFICES 
FOR MONTH OF MAY, 19 20. 





: Cases Pen 


ding 


: C 


ases dispose' 


i of 


Pending 




: and 


Recei 


v e d . 




■; 








:P end- 


:Rec' d 


•.Total 


:Trans 


: Trans 


:Ref*d 


: Total 


: May 31 


Of.fi ce 


ing 






:mit'd 


:mit' d 


: to 




: -1920. 




:May 1 






:on Ap 


: other 


: Chief ' 


"■ 






:1920 






:peal 


:v/ise 


:Field: 
:Div. 






Alabama 


















Montgomery 


' 189 


: 41 


: 230 




: 29 




29 


201 


Alaska 


















Fairbanks (a) 


















-Juneau 


126 


. 45 


171 




: 34 


: 1: 


355 


136 


Nome (a) : 














' L> 




Arizona 


















Phoenix (a) : 


















Arkansas 


















Camden : 


26 : 


59 


85 


1 


42 




48 : 


37 


Harrison : 


91 


140 : 


231 


1 : 


149 : 


4: 


154 : 


77 


Little Rock : 


110 : 


126 ' 


235: 


3 


119 


10: 


132 : 


104 


California : 


















El Centro : 


356 ' 


122 : 


473- 




71 ' 


7: 


38 : 


400 


Eureka : 


196 : 


38 : 


234: 


16 : 


17 : 




33 : 


201 


Independence 


239- : 


61 : 


3C0: 




92 : 


6: 


98 : 


202 


Los Angeles : 


263 : 


204 : 


467: 


5 : 


216 : 


7: 


228 : 


239 


Sacramento : 


652 : 


164 : 


816: 




181 : 


13: 


19 4 : 


622 


San Francisco : 


537 : 


179 : 


716: 


4 : 


201 : 


8: 


213 : 


503 


Susanville : 


262 : 


104 : 


366: 




89 .: 


7: 


96 : 


270 


Visalia (a) 
















» 


Colorado : 


















Del Norte 


149 : 


56 : 


205: 




43 : 




43 : 


162 


Denver 


283 : 


129 : 


412: 


1 : 


124 : 


3: 


123 : 


284 


Durango : 


295 : 


124 : 


419: 


5 : 


93 : 


12: 


115 : 


304 


Glenwood Sp'gs: 


2272 : 


612 : 


2784: 




202 : 


. 14: 


216 : 


2568 


Hugo : 


21 : 


28 : 


49: 




28 : 


2: 


30 •: 


19 


Lamar : 


448 : 


385 : 


833: 


7 : 


343 : 


' 4: 


354 : 


479 


Leadville : 


373 : 


83 : 


456: 




103 : 


'J:. 


112 : 


344 


Montrose : 


409 : 


153 : 


552: 


8 : 


143 : 


9: 


165 : 


397 


Pueblo 


2932 : 


425 : 


3358: 


8 : 


632 : 


9: 


.549 : 


27C9 


Sterling : 


252 : 


179 : 


431: 




172 : 


• 3: 


175 :' 


•256 


Florida : 


















Gainesville : 


39 : 


•84 : 


123: 


3 : 


76 : 


1: 


80 : 


43 


Idaho : 


















3lackfoot(a) 


















Boise : 


850 : 


229 : 


1079 : 


6 : 


172 : 


5: 


133 : 


39 5 


Coeur d'Alene '• 


121 : 


26 : 


147: 




29 : 




29 : 


113 



-63- 



Hailey 


904 


• 191 


1095 


i 1 


I 313 


: 10 


: 324 


: 771 


Lewi ston : 


73 


33 


106 




: 28 . 


3 


: 31 


: 75 


Kansas 


















'Fopeka 


. 109 


77 


186 




72 




72 


114 


Louisiana 


















Baton Rouge 


109 


65 


174. 


1 


96 . 


2 


99 ! 


75 


Michigan 


















Marquette . 


.15. 


30 . 


45 




22 . 


1 


22 


23 


Minnesota 


















Cass Lake 


132 


59 : 


191 i 




60 . 




60 


131 


Crookston 


308 


76 : 


384 


1 


: 72 : 


1 


74 ; 


310 


Duluth : 


38 


4/3 ! 


61 . 




26 : 




26 : 


35 


Mississippi ; 


















Jackson : 


19 


42 : 


61 ! 




39 . 


8 


47 . 


14 


Missouri 


















Springfield : 


1 


4 : 


5 . 




4 : 




4 




Montana 


















Billings 


184 


116 


300 




: 120 : 




120 , 


180 


Bozernan 


479 


%9 


568 : 




107 : 


1 


108 


460 


Glasgow 
Great Falls 


1265 


449 


: 1714 


: 8 


: 498 


14 


: 520 


1194 


: 681 


. 148 


: 829 


: 2 


: 157 


1 


: 160 


669 


Havre 


: 909 


; 548 


. 1457 


• 14 


: 499 


: 2 


: 515 


. 942 


Helena 


: 1064 


172 


1236 


2 


: 140 : 


1 


: 143 


1093 


Kalispell 


24 


: 38 


62 




: 41 




: 41 


21 


Lewis town (a) 


















Utiles City 


3051 


• 608 . 


3659 


. 4 


512 


31 


: 547 


3112 


Missoula 


. ( 96 


." 78 


174 


: 1 


83 • 


i : 


i 85 


89 


Nebraska 


















Alliance 


143 


:• 75 


218 




68 


4 


72 


. 146 


Broken Bow 


88 


45 ' 


133 




: 37 


3 


40 


: 93 


Lincoln 


11 


8 . 


19 




9 


1 


10 


9 


Nevada 


















Carson City 


383 


. 143 


526 




• 193 . 




193 


333 


Elko (a) 


















New Mexico 


















Clayton 


552 


' 107 . 


659 


1 


101 : 


2 


104 


555 


Fort Sumner 


280 


151 . 


431 




181 




181 


250 


Las Cruces 


1134 


338 , 


1472 


5 


165 : 


6 


176 . 


1296 


Ro swell 


1258 


283 . 


1541 


.2 ' 


326 : 




328 ; 


1213 


Santa Fe (a) 


















Tucumcari 


294 


80 


374 


1 . 


75 




76 . 


298 


North Dakota 


















Bismarck 


• 84 . 


31 ' 


115 , 




54 : 




54 


61 


Dickinson 


188 


50 


238 "'. 


1 


61 : 




62 . 


176 


Mi not ' 


' 54 


36 


90 : 


1 


30 : 




31 . 


59 


Williston : 


75 


. 121 


196 - 




82 : 




82 : 


114 


Oklahoma 


















Guthrie 


. 173 


' 153 


331 




: 107 : 




107 


224 


Oregon 


















Burns 


. 227 


: 102 


: 329 


: 4 


: 61 


11 


: 76 


253 


La Grande 


. 547 


: 158 


: 705 




: 133 


: 8 


141 


564 


Lake view 


: 214 


73 


: 287 


: 2 


: 66 




: 68 


. 219 


Portland 


: 112 


144 


: 256 


: 1 


: 174 


5 


. 180 


: 76 



-64- 



City 



Roseburg 

The' Dalles 

Vale 
South Dakota 

Belle fourche 

Gregory 

Lemrnon 

Pierre 

Rapid City 

Timber Lake (a) 
Utah 

Salt Lake 

Vernal 
Washington 

Seattle 

Spokane 

Vancouver 

Walla Walla 

Waterville 

Yakima 
Wisconsin 

Wausau 
Wyoming 

Buffalo 

Cheyenne 

Douglas 
Evan st on 

Lander 

Newcastle 

Total 





: 255 


: 365 


: 620 


: 17 


: 349 


: 1 


: 367 


: 253 




: 1075 


: 174 


: 1249 


; 2 


; 138 


: 18 


: 158 


: 1091 


: 448 


151 


: 599 




: 99 


: 7 


: 106 


: 493 


i 507 


: 115 


: 622 


: 1 


: 107 


: 2 


: 110 


: 512 




. 128 


: 21 


: 149 


: 1 


: 9 


: 2 


: 12 


: 137 




: 241 


: 287 


: 528 




: 275 




: 275 


: 253 




275 


: 79 


: 354 


1 


:■ ., 60 


: 16 


: 77 


: 277 


) 


• 1454 


: 210 


: 1664 


> <4 


: 133 


: 4 


: 139 • 


: 1525 


r< 


a) 


















45 


24 


: 69 




24 • 


. 


: 24 


45 




7 


19 


26 




19 




19 


7 




140 


91 


231 


1 


: 85 




: 86. 


145 




78 ; 


77 


155 




110 




110 


45 




152 : 


26 


178 : 




29 . 


2 


31 


147 




311 : 


109 


420 : 


2 


89 . 


3 


94 


326 




135 : 


36 • 


171 : 




34 : 




34 : 


137 




8 : 


24 : 


32 : 




21 : 


2 : 


23 . 


9 




2150' : 


330 : 


2480 : 


12 : 


615 : 


8 : 


635 : 


1845 




1571 : 


401 : 


1972 : 


2 : 


374 : 


9 : 


385 : 


1587 




2164 : 


538 : 


2702 : 


1 : 


290' : 




291 : 


2411 




257 : 


87 : 


344 : 


1 : 


59 : 


4 : 


64 : 


280 




574 : 


159 : 


.733 : 


5 : 


173 : 


5 : 


183 : 


550 




1466 : 


737 : 


2203 : 


12 : 


452_ : 


9 : 


473 : 


1730 




40210 : 


12706 : 


52916 : 


180 : 


11771 : 


341 : 


12292 : 


40624 



NOTE: (a) No report received from these offices on June 29, 1920. 



CONSOLIDATION OF THE OFFICES OF REGISTER AND RECEIVER 
AT BROKEN BOW, NEBRASKA. 

On June 24th the President signed an Executive Order consolidating the 
offices of Register and Receiver of the Broken Bow, Nebraska, land office, 
under authority of the Act of June 5. 1920. The date the order shall become 
effective is July 1, 1920. Mr t Hack C. Warrington, the present Register, 
has received a recess appointment as Register of the consolidated office. 
Under the lav; all the powers, duties, obligations and penalties imposed upon 
both the Register and Receiver will be exercised by and imposed upon the 
Register. 



-65- 



NOTICE 
OF 
POSTPONEMENT OF THE CONSOLIDATION OF THE LAND OFFICE AT CAMDEN 
WITH _ THAT AT LITTLE ROCK IN THE STATE OF ARKANSAS. 

Notice is hereby given that 'the consolidation of the land of fice at 
Camden, Arkansas, under authority of Executive Order of March 26, 1920, ■ 
is hereby postponed from Jiune 30, 1920, to December 31, 1920. 

The land office at Camden , Arkansas, vail therefore be permanently 
discontinued at the close Of official hours on December 31, 1920, and its 
business and archives transferred to' and made a part'; of the land office 
at Little Rock on January 1, 1921. 

Given under my hand at the District of Columbia, this fourth day 
of June, A. D. 1920. 

CLAY TALLMAN, 
Commissi on§r of the' General Land Office. 



: OBITUARY - 

Mrs. Hary G. Oyster . 

It i ; s with sincere regret that we chronicle the demise, after a long 
illness, of Mrs. Hary G. Oyster of Division. "0 ," General Land Office. 

Mrs. Oyster was one of the veterans' of the service, having been 
attached to the Land Office, through successive grades and various 
capacities, since the year 1882. 

Many of the older clerks , who daily -avail themselves of the efficient, 
up to date stenographic service' now maintained by the office ,will remember 
the. original "stenographic. section" conducted by Mrs. Oyster many years 
ago, later abandoned for a time because of lack of space and other then 
existing conditions. While largely experimental, it "blazed the way," 
so to speak, for the excellent establishment we have today. 

In the above, as well as along other lines of activity, she be- 
came known- as a hard and consistent worker, .giving the best she had to 
the service which employed her. 

The sincerity and honesty of purpose which characterized and dis- 
tinguished her in her daily intercourse with her fellow employees could 
never be questioned; and the freedom and liberality with which she always 
responded to the plea of distress and the tell of the needy will -not be 
forgotten by those who were in constant touch vath her during her long 
years of service, and well knew her kindly nature and generous disposition. 

. Her death will be deplored by a wide circle of friends both in and 
out of the Service. 

-66- 



RECESS APPOINTMENTS . 
Charles Glitschka of Bismarck, North Dakota, to be Register at Bismarck. 
James E. Campbell of l.iandan, North Dakota, to be Receiver at Bismarck, 
lirs. Genevieve D. Reid of San Francisco, California, to be Receiver at 
San Francisco , vice I.Irs. Grace B« Caukin, resigned. 

REAPPOINTMENTS. 

Hilmar Schmidt, Register, Wausau, Wisconsin. 
John Thomas Joyce, Register, Durango , Colorado. 
Hubbard H. Abbott, Register, Del Norte, Colorado. 

TELL THE' BULLETIN. 

To all local offices and field se rvice_ e mployee s : 

If anything occurs, in the public land service, which you think 
should be chronicled, tell us about it. Address all communications 
to the Commissioner of the General Land Office, "Land Service Bulletin." 
All communications should be received not later than the 24th of each 
month foruse in the current number. 



(2262) 



-67- 







Vol. 



August 1, 1920. 



No ♦ 6 » 



THE WORK AHEAD. 

Last month in commenting on the "Fiscal Year" we directed 
attention more particularly to things accomplished; let us nor; take 
a look ahead and see what is before us. 

We have heretofore pointed out that the two great outstanding 
events in land legislation in recent years are the stock-raising home- 
stead act and the mineral leasing act. The former went into effect in 
the last days of 1916, but, save for the filing of some 60,000 applica- 
tions, did not get well into operation until 1918, since which time 
substantial progress has been made. We have now reached the point where 
the wonderful benefits or dire consequences which were predicted to be 
the results of this legislation must begin to be apparent. Our records 
show that up to date more than 36,0 00 stock-raising homesteads have been 
allowed ; the Geological Survey reports that a total of 82,000 petitions 
for designation have been received, that 67,000 have been acted on and 
a total drea designated of more than 74,000,000 acres (including, of 
course, original entries to v/hich additional stock-raising entries have 
been applied for) . This means that in the very near future the allowed 
entries will be more than doubled ; it means that we will have triod out 
this act to the extent of 30,000,000 or 40,000,000 acres, enough to 
afford a basis of judgment as to whether this measure is a solution of 
the grazing land problem or a calamity. As we have frequently pre- 
dicted, it will be neither, but on the whole, beneficial. Bo this as 
it may, final proofs - will soon be coming in. It has been claimed t>y 
many that the operation of the act would be characterized by subterfuge, 
bad faith, and fraud; admittedly, the act is susceptible of attempts at 
that sort of thing; obviously, if fraud and bad faith are prevalent 



among entryrnen under this act, the time to make such practices unpopular 
is now * so, one of our big jobs from now on is to follow up the actual 
working of the stock-raising homestead law both as to individual cases 
and general ro suits. 

The leasing act is too new as yet to foretell just where our 
chief difficulty will be. As the supervision of actual leasing operations 
is placed in the hands of the Bureau of Hin^s, we are relieved on that 
part of it, -- for the present at any rate. But we will have plenty to 
do for a time to look after the complicated situations that are develop- 
ing in the various fields up to the time the leases and permits are granted. 
It is already apparent that in some quarters attempts will be made to cir- 
cumvent the .leasing act'.by getting patBnts; where claimants are entitled 
to patents, of course, they should have them, but it is apprehended that 
it will require much diligence on our part to separate the two classes. 
In this connection it appears that several outfits are taking advantage 
.of the intense interest in oil to unload spurious placer locations, and 
it looks as if patient and persistent effort will be required to put a 
stop to it. 

The big Oregon and California land grant classification is about 
completed, unless, as a result of Supreme Court decisions, additional 
areas are brought within the purview of the revesting act; the bulk of 
the agricultural lands have been opened to entry; we arc now in position 
to sell timber in quantities if the market will take it. The completion 
of the accounting suit, and the settlement and adjudication of the alleged 
mineral grant lands are still on the program. 

Another interesting matter that has possibilities is the boundary 
controversy along Red River between Oklahoma and Texas. As heretofore 
indicated by items in the. BULLETIN, this case is perhaps mo-re interesting 
from the standpoint of the unique legal questions presented by it, than 
by any great area of territory affected; yet it involves a strip of land 
varying from a quarter of a mile to three miles wide and twenty or thirty 
miles long through a proven oil field. The producing part of this area 
is now in receivership created by the Supremo Court of the United States 
in an original suit between the -two States, in which the United States 
has intervened. If the decision of the court shall simply determine 
the locus of the boundary line in such a way as to result in leaving the 
land affected, or a, considerable portion thereof, public land of the 
United States, the result would be to throw into the jurisdiction of this 
Department, the rights and titles of the; actual claimants to the lands. 

Another matter undetermined at this time is just what part this 
office will take under the new Federal Power legislation. Under the new- 
act the administration of power privileges affecting public lands and 
navigable streams is placed in a commission consisting of. three Cabinet • 
officers, one of whom is the Secretary of the Interior. The commission 
is authorized to call on the personnel and organizations of the various 
bureaus of the three Departments affected for help in the administration 
of the act. Undoubtedly our office will have to make a record of all 



-2- 



powor applications and grants, and report status of title of all lands 
affected. Whether we will be called on for field work, cither in the 
way of surveys or power investigations, we are not yet advised. It 
will be seen at once that this proposition may develop some interest- 
ing questions as to conflicts between power applications or rights, 
and rights asserted under the public land laws. 

But the above only touches the "high ppots" and only a few of 
them. The routine is as heavy as ever; tho Field Service has over 
17 ,000. cases pending investigation; the demands for surveys' and re- 
surveys have. not abated; some local offices can scarcely see daylight; 
the General Land Office has over 86,000 cases pending office action; 
work aplenty is in store for everybody. 



-3- 



SURVEY MOTES . 

Labor Situation . 

The labor situation in tho western states as far a-s it- oQHtcarfm- 
public land surveying shows substantial improvement over that of the past 
few months. Wages are just as high to bo suro , or even higher in some 
quarters, but men suitable for surveying work are applying for positions 
in larger numbers; even survey cooks and teamsters who, it was feared, 
wore becoming extinct, aro- appearing again and taking on the old in- 
terest in the work. It is predicted that it will not be a great while 
before the camps arc well on the road back to normal. 

Baca Float No* 1 , 

Tho boundaries of tho Baca Location No. 1, now under re survey by 
this office, were originally survoyod by Deputy Surveyors Sawyer and 
I.IcBroom in the year 1876. According to the galls the grant was to con- 
tain 99,289.39 acres, in rectangular form, initiated from a designated 
point of control. This original survey, while complying with the general 
provisions of the grant calls, was found by a restorative survey of the 
boundaries, executed by this office in 1912 under Group No. 19, New i.Ioxico > 
to contain material errors in all four sides and an actual shortage in 
area of 8,863.64 acres. The owners of the grant brought suit in the 
courts, claiming the original acreage, and won tho case, notwithstanding 
the fact tho original survey had stood for thirty-six years and some of 
the lands adjoining the old boundaries had gone to patent. The principal 
object in tho present rcsurvoy of the boundaries of tho Baca Location No* 
1 is to produce on the ground a tract in square form from a known center 
with sides bearing North, South, East and West, and embracing exactly 
99,289.39 acres. Therefore the middle points of tho four sides are 
placod at 6 miles, 18 chains and 22 links in the cardinal directions 
from tho central controlling monument, which is the quarter corner on 
the south side of Sec. 34, T. 20 N., R. 4 E.» N.M.P.M., and will be run 
to intersections at the four corners of the tract. The area thus en- 
closed will contain 99,289.39 acres. 

Checo Canon National I.lonuraent » 

An estimate is being made in the office of the Supervisor of 
Surveys of the amount of retracements and the cost incident to definitely 
fixing the location of tho prehistoric ruins in the Checo Canon National 
Monument of Nov/ Mexico, created by Presidential Proclamation of March 11, 
1907, under the Act of June 8, 1906. This National Monument includes 
numerous prehistoric ruins in varying stages of preservation and all of 
wonderful interest, scattered throughout six different townships. 

Early Gold Discoveries in Idaho . 

The survey of T. 36 N. , R. 6 E., B. M. , near Pierce City, Idaho, 
now in process of execution by Messrs. Davis and Siebeckor, covers a 



region which for a brio!" period hold the spot light of public attention 
in tho far West, It was here that gold was first discovered in Idaho in 
the early 50' s. The old placer workings on the Oro Fino j Musselshell and 
Quartz Crocks, are found near the headwaters of these creeks in this town- 
ship . 

Oregon Surveys * 

Original Group No, 8, Oregon, containing 19 full and fractional 
townships in I.Ialheur County, has been cut up into Groups Hos. 48, 49 and 
50. N» D, Price, U. S. Surveyor, and James Finley, U. S. Transitman, are 
now engaged on Group Mo, 48 of these surveys, Lincoln E. Wilkes, U.S. 
Cadastral Engineer, will also have a party on the work early in August. 

Oregon and Cali fornia Lands . 

A force of General Land Office timber cruisers and compassmen 
is now engaged in cruising the timber and classifying the revested Oregon 
and California Railroad Grant lands included in survey groups Mos« 31, 
32, 33, 34, 35 and 36, Oregon, which were surveyed last summer and fall 
and accepted during the past winter. The classification work under these 
groups is well under way and will be completed within ninety days. Prog- 
ress under some of the old surveys is less satisfactory. Great dif- 
ficulty in finding the old lines in T. 16 S», R. IE., is being experi- 
enced by the cruisers engaged in the work on account of the extensive 
corner obliteration in this township and the probable presence of material 
errors in the old survey. It is possible a resurvcy of the township will 
be necessary before the Government can dispose of its valuable timber 
holdings therein, title to which was vested in the United States by the 
Act of June 9, 1916. 

Washington Exchange Lands . 

Eight parties are engaged, in surveying the lands under Groups 
Hos- 25, 33 and 37 , Washington, known as the "exchange lands," that is, 
lands that are exchangea.ble for school sections belonging to the state, 
situated within national forests. This county is exceptionally dif- 
ficult to survey, not only on account of its precipitous character and 
the presence of dense growths of timber and under-brush, but on account 
of the extremely unfavorable weather conditions obtaining in the higher 
mountains of Washington throughout the field season, 

Protrero i Chico Rancho . 

The completion of the survey of tho Protrcro Chico Rancho in 
California by Francis E, Joy, U, S, Cadastral Engineer, and its recent 
acceptance by the Commissioner, brings to a close a dispute over the 
boundaries of the Rancho of fifty years 1 standing. 



-5- 



Hualpai Lands . 

The survey of half of the lands included within the' boundaries 
of the Hualpai Indian Reservation, under Groups Nos. 10 5, 106 and 107, 
xirizonaj is rapidly nearing completion. The three double parties en- 
gaged thereon are making good progress and will shortly' be assigned to 
the remaining half of the reservation under Groups Nos. 103, 109 and 110, 
and will undoubtedly complete the survey of the entire reservation by 
the first of the year. '■•'• - ■- ■-■ 

Llack Hills Field . 

Practically the full strength of Surveying District No. 3 is 
now engaged in the execution of original surveys in the Black Hills in 
South Dakota, under the immediate supervision of the Assistant Supervisor 
of Surveys. Assistant Supervisor Swoitzer reports that road conditions 
both in southwestern South Dakota and in Nebraska have never been worse 
than they are this year. Violent storms following one another in quick 
succession and often accompanied by hail and unusual electrical dis- 
turbances, have kept them in a state of continual disrepair. Washed out 
bridges and high water have sometimes caused long, roundabout detours to 
be made; still the field parties, while delayed at times on account of 
these conditions, are making satisfactory progress. 

Tornado at Nelig h. 

A press dispatch from Neligh, Nebraska, the headquarters of Sur- 
veying District No. 3, dated July 16th says in part: "The fag end of 
a tornado struck Neligh shortly after 3 o'clock this afternoon, causing 
heavy property damage, but so far as known no loss of life or severe 
injury. Trees were uprooted, buildings unroofed and telephone poles 
blown down. Some of the streets of the town are impassable on account 
of the wreckage. Plate glass windows were broken in namy of the business 
houses. The storm is reported to have been much worse in the country 
districts cast of here, where heavy hail accompanied the wind. A pas- 
senger train on the Northwestern road was in the thick of the hail, 
every window on one side of the train being broken.- At St. Edward, 
south of here, the hail storm is said to have been the worst ever; ex- 
perienced there, damage to buildings and crops being very heavy." No 
General Land Office property was injured. 

Personals . 

Transitman Leo LI. Petersen of District No. 3, completed the 
work ordered special under Group No. 3, Nebraska, in July, and is now 
in the Black Hills, South Dakota* 



John R. English, U. S. Surveyor, is now engaged in the survey of 
Sawyer's Bar Townsite in northern California. 

-6- 



Frank II. Johnson, Supervisor of Surveys, recently roturned to 
his headquarters at Donvor after' visiting the Northwest and Coast states 



Jilonzo H. Adams' fc ;U«'S. Cadastral Engineer, while en route from 
Denver to Group No. 5, Wyoming, in a "G. L. 0. motor truck, net with a 
painful and serious accident.' In rounding a turrrin the road the truck 
upsot, pinning Mr. Adams beneath. It is reported that he sustained a 
fracture of the hip* The three field assistants, with him escaped with 
minor injuries. " ' • •' ' •■' 

Tops the Record . ' '", r ; ' ;; ' : ''•'•■ "' 

The record of accepted surveys for the last ten years indicates 
some fluctuations, the high -water mark being" reached in 1915. The total 
acreage for the decade is 100,109,570 acres, or an averago of ten million 
acres per annum. This is believed to be the greatest showing for any 
decade in the history of the General Land Office - 

Taking our annual appropriation for surveys and resurveys, of 
v700,0O0, and adding the funds received from deposits by individuals, 
including railroad companies, and the. sums set apart by the office of 
Indian Affairs, it. is readily seen that the cost of the surveys, ex- 
cluding overhead charges, will reach the modest sum of ton cents 'per 
aero, or between seven and. ten. cents. When it is considered that 'this 
expense is loss than the fees required of a"homesteador on a 160-acrc 
tract, the conclusion may be reasonably drawn 'that the method of con- 
ducting surveys on the direct or salaried plan,' has turned out to be 
the most effective and economical one possible, when carried out under 
intelligent and careful management. 

The Work of Detailed Su rveyors. 

The accumulation of returns of public land surveys forwarded 
from the offices of Surveyor General for final consideration has been 
for several years of such proportions that the force of oxpert examiners 
here has not been able until the close of the fiscal year 1920 to bring 
the condition of the work to a point where it could be classed as current. 
Congress having provided relief by appropriation money for the employ- 
ment in Washington of experienced public land surveyors during the off 
season to aid the statutory examiners here, it is a source of gratifica- 
tion to announce that the situation is at present better than at any 
time within the last eight years. The'- causes that made the output of 
returns (field notes and plats) mUlfaply beyond the possibility of 
immediate proper scrutiny prior to acceptance of survey, were closer 
application, simplifying methods, and stricter supervision of the drafts- 
men and transcribers in the thirtoen branch Surveyors General offices in 
the West, and another potent clement was the elimination of the drafting 
work involved in making the duplicate and triplicate copies of the 
original plat, this being done now by the method of photolithography 

-7- 



upon hard drawing paper giving absolute accuracy and an enormous saving 
Of time. The examination work of the detailed survoyore during the last 
fiscal year has shown a considerable improvement ovc** tho preceding year 
owing to the industry and efficiency exhibited by the additional force 
and tho greater length of time they were engaged upon the work. Credit 
is duo theso surveyors for the interest shown by them and for their de- 
sire to hasten the acceptance of the surveys. The advantages accruing 
to the Government aro the experience gained by the field men in the re- 
quirements of tho office,, and also by the interchange of views in cases 
of complicated surveys and rosurvcys. The handling of the returns by 
practical surveyors fresh from actual duty on tho line, enables tho ex- 
amination to proceed more quickly and more thoroughly than if conducted 
upon purely theoretical lines. The wisdom of invoking the assistance of 
our field men upon this kind of work, especially in the event of a con- 
gestion of returns awaiting attention, scorns to be fairly well demonstrated, 



GREAT BRIDGE SPAN Ell ROUTE TO ALASKA. 

The great steel structure for the Alaskan Engineering Commission, 
the second largest bridge ever produced at Gary, Indiana, measuring 504 
feet in length and requiring a score of cars to transport, was shipped 
from Gary June 17, by tho American Bridge Company to Anchorage, and at 
this point to bo reassembled. The span is for the Susitna River bridgo 
on the Alaska Government Railroad at I.Iilo 264. 

- Alaska Railroad Record. 



ANNUAL SURVEYING INSTRUCTIONS. 

DEPARTMENT OF THE INTERIOR 
GENERAL LAND OFFICE 

WASHINGTON July 23, 1920. 



To the Surveying Service 

of the General Land Office. 

The sundry civil act approved June 5, 1920 (Public No, 246, 
66th Congress) , makes the usual appropriation of $700,000 for surveying 
the public lands for the fiscal year ending June 30, 1921, and was 
enacted in the same form as last year, with the additional provision, 
under the first preference, that the appropriation shall be applicable ' 
for the "survey, appraisal and sale of abandoned military reservations 
transferred to the control of the Secretary of the Interior. 

The following apportionment of funds among the several survey- 
ing districts and miscellaneous objects was approved by the Acting 
Secretary of the Interior on Ju3y 13 j 1920s 



Alaska ---- - $50,000 

Arizona ■ 40,000 

California 4 45,000 

Colorado---------- 45,000 

Idaho '--> 30,00.0 

Montana — 50,000 

Nebraska ' 10,000 

Nevada- 35,000 

New Mexico----' 45,000 

Oregon 30,000 

South Dakota — - 20,000 

Utah - — — 50,000 

Washington 45,000 

Wyoming 40,000 

Supervisor 1 e office; instru- 
ments 12,500 

Eastern District 25,000 

Iron Posts • ■ — 28,000 

Freight, Express, etc- -23,000 

Stationery( legislative bill) 2,500 
Survey, etc., 0.& C, R.R. and 

Coos Bay Wagon Road lands 42,000 

Detailed field employees 10,000 

Reserve _ 22^000 



Total- 



$700,000 



-9- 



Abondoned Military Reservations. 

The expenses of the survey, appraisal and sale of abandoned 
military reservations transferred to the control of the Secretary of 
the Interior are now to' be paid out of the general appropriation for 
surveying the public lands instead of the fund heretofore provided 
for in separate item. Such expenses hereafter incurred in the survey, 
appraisal and sale of abandoned military reservations will be paid out 
of the apportionment to the district in which the lands may be located. 

Revised Manual. 

The advance sheets of Chapters I to VI inclusive of the revi- 
sion of the manual have" now been in operation a sufficient length of 
time to test the principles set forth and it is directed that strict 
attention.be given to the application thereof. To this end, it is sug- 
gested that the general instructions in all districts be revised with 
the purpose in view of bringing such instructions up to date by dis- 
carding references to the circular on the restoration of loot and ob- 
literated corners and the subdivision of sections and in lieu thereof 
directing attention to "the related portions 'of Chapters V and III 
respectively. 

Under the heading of Surveys, the related portions of the re- 
vised manual will be adopted in place of the text in former annual in- 
structions and similar application will be made to the subject "modifi- 
cations of the manual of '1902". 

This will result in making the Revised Manual, the basis of 
instructions and instances' will be rare in which references will be 
necessary to the text of the old- manual or the circular on the restora- 
tion of lost and obliterated corners and subdivision of sections. 

Progress Reports. 

Surveyors general are required to submit at the end of each 
month a progress report showing the status of surveys under each group 
assigned and under which progress has been made; also a report showing 
the status of returns which have been submitted by the surveyors. Fail- 
ure to submit these reports leaves this office at' times without the 
information necessary to a proper understanding of the status of pending 
surveys. 

In other respects the annual instructions dated August 14, 1919, 
are hereby made applicable to the work of the current fiscal year. 



Very respectfully, 



CLAY TALLMAN 

Commissioner. 



-10- 



FIELD SERVICE MOTES. . 
From Santa Fe * • • 

Vifc have just completed -the examination of approximately 200,000 . 
acres of land, embraced in Atchison, Topeka and ^ Santa Fa Railroad Lieu 
Selections under the Act of April 21, 1904. 

Clerk Owen, Special Agents Dcrry and O'Hara, and the Chief were 
at Hot Springs, New Mexico, several weeks on work in connection with the 
town lot preemption proofs and conducting the sale of the lots in that 
townsite. The transaction netted the Government approximately C'25,000.00. 

Chief Clerk Edwards is on leave of absence. She is spending her 
vacation at Frijolcs Canon and other nearby places. 

Notice of the annual promotions of the field employees in this 
Division has been received', for which we are all very grateful. 

Considerable improvement and activity is apparent in connection 
with developing the land in 'the Rio Grande Valley north of Las Crudes. 
This is due to the fact that a great many irrigation farmers from Arizona 
are locating on this land, they having disposed, of their land holdings in 
Arizona at a good price, in some instances -as high as C'600 or 07OC an 
acre; and having been able to purchase land in the vicinity of Las Cruces 
at from $200 to §300 an acre, which 'land they claim is equal', to, if not # 
superior to the Arizona land for the purpose of raising cotton. This year 
there are approximately ; 45jQCC acres of cotton planted and the present 
conditions indicate a successful adventure in this: line. If it does 
prove successful, the land ! values in this 'vici'nity" will advance greatly.. 

There is more water at present in the 'Elephant Butte Dam than 
there has ever been heretofore It is practically full and within 14 
feet of the spillway. It is reported that there insufficient water 
stored at the present time- to irrigate all the land under the project 
for five years without storing additional water. •■'-■ 

Special Agent Lerry : Bays that he did not 'realize that the weather 
in Arizona was so extreme ly'warin until he took : a. bath in the hot waters 
at Hot Springs, New Mexico. " '" The temperature of the water was 115 degrees, 
which he says was exactly the temperature at Phoenix the last time he 
was there. 

Mohave County, Arizona, will be a land of many opportunities if 
the proposed power dams across the Colorado River are actually installed. 
It is said three surveys have been made. While it is hardly possible that 
much of the" land in the Hualpai or Sacramento valleys could be irrigated 
from such dams, due to their higher' elevations , there is nevertheless 
more or less underground waters that could be pumped for irrigation pur- 
poses were cheap electric power -available as will- be the case if the dam 
is built." 

-11- 



Aooerding to tho opinion of some of our Mineral Examiners fhcro 
arc great mineral possibilities in northv/cstom Arizona* especially 
deposits of low grade gold and silver ores that cheap power would permit 
of their extraction and reduction right on tho ground even under the 
present high costs of labor and material. There are also old mines 
having exposed in their workings a largo tonnage of rather refractory 
ores. Those deposits might also be of present-day commercial value 
if cheap mining and milling power were available. 

From , Helena . 

Conspir acy, t o Intimidate Witness . 

The Bulletin is in receipt, through the Chief of Field Division, 
of a copy of the opinion handed down by tho Circuit Court of Appeals, 
Ninth Circuit, July 6 & 1920, in tho case of Carl F. Foss and Jacob 
Bjornstad v. United Ste,tcs, on appeal from the United States District 
Gourt , an account, of which appeared in the Bulletin for November, 1919. 

The plaintiffs in error wore indicted under Section 19 of the 
Criminal Code, for conspiring to intimidate citizens of the United States 
in the free exorcise and enjoyment of rights secured by them by the 
Constitution and laws of the United States, to -wit, tho right and privilege 
to appear and testify on behalf of the contestants in contest cases in- 
volving lands entered under the laws of the United States. They were 
found guilty under the first count. 

The court, after a very full consideration of authorities, said: 

"If one is protected under the statute while in the lawful 
custody of a United States Marshal or in giving information to 
a United States Marshal for violation of the lav/s of tho United 
States, or in giving information to a Collector of Internal 
Revenue, for violation of the Revenue Laws of the United States, 
it follows, we think, without question that one is protected in 
giving testimony before the Land Offico in a contest which in- 
volves the rights of cntrymon under the land laws of tho United 
States. The powor which is dolegatcd to the Federal Government 
to dispose of tho public lands includes the powor to hear and 
determine contests in tho Land Office, and the power to compel 
witnesses to testify in such contests, and the power to protect 
them while so doing, and in all such contests the United States 
is a party. 

"Tho judgment is affirmed, '• 

From Portland . 

Mr. G. A. Benedict, formerly a special agent of tho General 
Land Officer working in the Portland division, but now an appraiser 
engaged in the work of ascertaining the valuo of railroads for tho 
Interstate Commerce Commission, visited Portland during the month of 
June. Mr. Benedict is at present working in the State of Wisconsin. 

-12- 



Mr. George Carpy, for many years a cleric in the. U. S» Land 
Office at LaGrande, Oregon, and who during the past two or three years 
has been engaged in similar work in the State of Montana, called at 
headquarters recently. I.lr. Carpy 1 ' s trip to Portland was due to the 
sickness of his wife, who underwent an operation -in* one of tho hospitals 
here. 

Mr. James Patrick Lavin, formerly a special agent of this 
Division, was a visitor at headquarters on July 8, 1920 , having come to 
Portland on business matters'.. ' He is •■ndw,a'nd has been for several years, 
engaged in the practice' 'bf ; law at Phocnixj Arizona* 

• y i ' ■ • r.i.: :>.;■: ■ j.;- : 

The Portland Division has been enjoying a visit from Chief of 
FieldS cr vice, Mr* J. -D-. Yelvdrt on ; ',- -'since about July" 1st. Mr. Yelverton 
came here' from Helena'- and cxpec&sf%'©xt to visit 'the San Francisco Field 
Division. -"• -- V; ■ *' • : 

Mr. Carl linos* Special Agent of the General.. Land, Of fic.c v/orking 
from the Portland headquarters, was married or* June 24 ,' 1920,. at Spokane, 
Washington, to Hiss Mabel Bentlcy of Kansas-, ->-'. - 

Special Agent Harvey J* Brown of this Division met with a serious 
accident at Spokane -, Washington, on June 24.,. 1920. ^fhile crossing the 
street" on foot in that-' : ci;ty he was struck-'by ''a^-trusk' going at'.a.high 
rate of speed. His skull was fractured, ankle- sprained , 'scalp,- .cut open, 
his head, neck and face but, bruised and- lacerated, -Recent reports 
indicate that he is making -as rapid procress towa'rd recovery as could 
be expected. It is likely,- however, that it will^bb "-a period of three 
or four weeks before he wri'l be able again to rcpWt --for official duty. 

On "June 30, 1920), 'the Federal Grand Jury ,- 'Portland, Oregon, re- 
turned an i,ndictment against Zclla Becker, George Phillips, George 
Gardner, Chester N. Harness, Robert L. Logan, Mrs* -'Nancy L. Logan, 
Julien A. Hurley and GeoVg^ff Harris, under Section"' 37 of the Federal 
Penal Code," for conspiracy to commit perjury in connection with homestead 
entries Vale 03466 and 040 : 90. /■ 

On the same 'date' an indictment was returned against Robert L. 
Logan, Zella Bccker K 'GeOrg'6' F. Phillips, Chester "N» Harness, Albert E. 
Glasscock, Nancy J* c L'ogan' i a'nd Julien A. ; Hurley, 'under Section 37 of the 
Federal Penal Code, for conspiracy to commit per j-ury in connection with 
homestead entries Vale .0,2809 and 03554. 



ITEMS FROM THE FIELD SERVICE-- 
COURT DOCKET, 

' Payment 'of 010,000 reported for coal trespass settlement in 
.Colorado and ..Q 150 paid on old timber trcspass : caso in Alaska heretofore 
re p o rt e d wo n . . r - '"'' a » ;if< 

' - : ' -• TOti ■'.'•'. .-•:-.' 

i 

-13- 



One suit ropdrtcd won in Arizona to declare judicial for- 
feiture of right-of-way* 



Payraont of §1,235.46 paid as royalty on coal lease in Colbrado. 



HIGH 4 -LAUD VALUES IN NEW ZEALAND* 

The subjoined extract frota a repbrt by Consul General Alfred:, A. 
Y/inslow, Auckland, New Zealand, is 0f_ri6 little interest, as bearing 
Upon similar conditions in this country* 

M I haVc the honor t6 repdrt that the high prices received 
for the products of this Dominion during the war" period and 
sinco have been so exceptionally profitable that the "country 
is vory prosperous, and land prices havo been soaring during 
tho time until now exorbitant prices arc received, for farm 
and grazing property in all parts of tho Dominion. Ordinary 
sheep grazing land in tho back blocks sells readily at from 
025 to $50 an acre, while fair to good sheep grazing land 
brings 050 to $100 an acre, with fine sheop grazing land at 
from OlOO to $250 an aero, and in somo cases good farm land 
and high grade dairying lands sell at from 0600 to 0*750 an 
acre, and a few sales have been made at 01000 an acre. Land 
that is changing hands at $600 an acre is assessed for taxation 
purposes at but 0150 an aero, which gives a fair idea of what 
the land is worth under normal conditions, and not affected by 
such artificial prices* The unimproved value of land in this 
Dominion increased fr6m 0827 ,305 , 000 , to 01,703,275,000 during 
tho past ten years, according to roaliablo estimatos* 

"This land speculation craze is causing many of the 
business men and bankers of this Dominion* as well as Govern- 
ment officials, to warn tho public agaimst this inflation of 
land interests, fearing that a collapse will come that may; 
cause serious difficulty to the people and the Government. 
It is stated that sometimes a single property will carry three, 
four and five mortgages. Should a sudden decline in prices 
follow, three or four of these mortgages must bo wiped out , 
and thus ruin follow." 

ACROSS THE NAVAJO DESERT. 

Among the many sketches of personal experience left by Mr. A. W. 
Barber, late of our surveying force, is an interesting article describ- 
ing an official journey by him across tho Navajo desert in Arizona, on 
which occasion he carried an 80 milo traverse line to sogregate some 
copper mining claims on tho Navajo Indian reservation. His experiences 
are typical of the hardships encountered in survey work in arid regions, 
and extracts from his notes arc given below: 

-14- 



North and oast wo fared, crossing a wide valley with low, rocky 
hills and ravines. Suddenly the scrub cedars came to an end, and only 
bare, undulating desert lay before us- Taking the ax, the men secured 
a lot of crooked dry wood, and piled it on the bed-rolls of our loaded 
wagon, so that we might not fail to have warm meals and camp fires at 
night and morning. Toward .'evening we wound down a steep, risky track 
on bare rock, to camp i ; n a wild gulch- of red,' .jagged conglomerate, as 
near as one could drive to the- pr&cious "Cedar Tank," a broad.- pool of 
good water in-'' a cave under projecting' cliffs* .vat the bottom of a deepworn 
gully. This- dark'- shaded bowl-- of- -rain water survives all- /draught ,. and has 
not 'a tree-,-" or bush, or blade -of gra;TB"s to point out its hiding place to 
the t hi rst y ■ J *waytrar c r . ' . ■ " -' - ' ' * **-"•' '■ ° ^ • •'• « x ;.-.,. 

The horses knew the wayj-'t'o clamber by a long detour down to their 
drinking place, and next morning we carried water in pails to refill our 
cask. A mile farther on we crossed the Little Colorado River, at the 
head of a vast "box*- Canon," which grows deeper and grander all the way 
to its junction with the -Grand Canon of the Colorado, some thirty miles 
northwest. The sandy bed was dry, except little pools near one bank. 
The water was yellow and undrinkablc •f;rom'.alkalijand : pphexi: unsanitary 
reasons. Winding up over plains and hills of worn flint pebbles, the 
road enters the region of the "potato hills." The .sight, astonished me 
with the wonderful coloring, and the beautiful contours .of .this strange 
array of residual mounds and hills, where the rains of ages .had sculp- 
tured away the clay deposits of a great cretaceous area. 

While eating our noon meal, a cold norther began' t"o* blow, and 
the men began to"' '-dread that the usual .sand-storm would prevail, which 
they, had so often endured in crossing the. great desolate flats of "Moen- 
copie Wash." Tho •' gray sand- soon .filled -the air, and shut .out the sur- 
'roufnding hills. -The -road was drifted, deep with dry sand, /the team 
labored and "panted arid rested, and .the -mica sand-goggles ..had to be put 
on to save our eyes. Th& coarser .particles stung the skin, like winter 
sleet. The ragged row of cottonwoods along the bank of the wash bent 
to the gale. The deep, dry watercourse .?wa$ hatfcUto ..pass , .and shovels 
were used, to work a passage through the driTt"*6f"'sand That at first 
stalled the teata'and wagon. 

The fourth day led us along a dry run of absolute desert, 
walled by red and 'brown cliffs upheaved to mountains on one side, 
till after twelve miles of slow ascent, the- team-wound -us up to. the 
top of a rocky 'gap, by a terribly . steep, and risky climb, with every 
man helping to keep the wagon from total wreck. Here we looked north 
over an unbounded" desert , nearly treeless /where soon the hard-beaten 
track changed to deep, dry sand., and the party went on foot that the 
weary team might last the journey through. Fatigue and approaching 
night made us camp some-LEiiles. fr»m the. n«;xt; water. To shelter us 
from the keen wind, I chose a cave on the lee side of a high reck that 
rose sheer from' the piaihl .Small dry -brush was found for cooking sup- 
per, and the night was apparently but &^ few minutes long. 

Next morning thethirsty team- .-reached Scarbreast ' s. ..spring. Hear 

-15- 



the foot of a mountain ridge is a natural pit in the sandstone contain- 
ing a filthy, green pool, at which every pony, sheep and goat for miles 
around takes his daily drink. Near by, a trench, or crosscut, has been 
run to the bluff, hewn in the rod rock, fifty feet long and eight feet 
deep 5 to gather a trickling of pure water. Back in the gorge above lives 
the old proprietor, with his families; and whenovcr they see a white 
man's team approaching far across the plain, down he comes on his pony, 
to collect his dues. A quarter for watering a suffering team, and a 
dollar a barrel for spring water carried away, is the mildest charge on 
the books of this interesting aborigine. 



RECENT DECISIONS OF THE COURTS AND. " 
THE DEPARTMENT. 

Water Rights - Appropriation . 

One who diverts water from the ditch of another against the will 
and without the consent of the- latter, can not thereby initiate a water 
right. Rabido ot. al. v. Furey, 190 Pacific, 73. 

Revocation of Withdrawal - Restoration . 

An ordor of the Secretary, revoking a prior order of withdrawal 
of public lands from entry, when noted on the records in the General Land 
Office has the effect of an order of restoration, restoring the land again 
to settlement as public lands subject to entry under the homestead laws of 
the United States, effective from the date of its, record in the General 
Land Office and the local land office Donley v. West, 189 Pac, 1052. 

Water Rights » Appropriation . 

Where the owners of water rights appurtenant to their several 
tracts of land formed a mutual corporation, and transferred their water 
rights to the corporation in oxchange for stock representing the right 
to water, the water right remained appurtenant to the land, notwith- 
standing the formal change in ownership, and passed to a mortgagee of 
the land and appurtenant water rights, as against the subsequent execution 
buyer of the stock, which still stood on the corporate books in the name 
of the mortgagor. Woodstone I.larble and Tile Company v» Dunsmore Canyon 
Water Company ot. al., 190 Pac. 213. 

Water Rights of Way - Act of Llarch 3, 1891 . 

(l) The act of Llarch 3, 1891, limiting suits to vacate patents, 
does not apply to a suit to sot asido, for fraud and mistake, the approval 
by the Secretary of the Interior of a canal company's maps of location 
filed to obtain a right of way across public lands; (2) The approval 
by the Secretary of the Interior of a canal company's maps of location 
filed as the basis of a right of way through a forest reserve was ob- 
tained by fraud whoro , at the time of its original and amended applica- 

-16- 



tions, its attention was called to two statutes, one' granting a right 
of way for irrigation purposes, and the other for power purposes, but 
falsely certified that the right of way was desired solely for the pur- 
poses prescribed in the acts relating to rights of way for irrigation 
purposes. United States v. Kern River Company. ct..al. 264 Fed., 412. 



FEDERAL WATER POWER ACT - INSTRUCTIONS. 

Acting Secretary Hopkins, to the Commissioner of 
the General Land Office, July 16, 1920. 

I am in receipt of your letter of July 12, 1920, relative to 
action to be taken regarding applications, entries, and selections made 
subsequent to June 10, 1920, for lands embraced in water-power site 
withdrawals, the specific questions being — 

(1) Shall applications so made be rejected or accepted and sus- 
pended pending formulation of rules and regulations under the act and 
consideration by the commission of the applications under section 24 of 
the act of June 10 , 1920? 

(2) Whether the General Land Office shall continue the former 
practice of excluding strips of land withdrawn for transmission lines 
from entries and selections, or consider such applications under section 
24 of the act of June 10, 1920, supra , in the same manner as other 
power-site withdrawals. 

In reply you are advised as follows: 

It is the opinion of the Department that all applications to file 
upon or enter lands within water-power site withdrawals presented sub- 
sequent to June 10, 1920, date of the water-power act, should be rejected 
until the Federal Power Commission shall have construed, and issued rules 
and regulations under, section 24 of the act. 

This answer applies to applications, including transmission 
lines as 'well as other forms of power development, generation, and 
transmission. 



FEDERAL WATER POWER ACT - ELECTION OF HOIESTEADER. 

Commissioner Tallman , to Register and Receiver, Spokane, 
Washington, June 28, .1920. 

October 29, 1919, Sdla Fisher filed in your office hemestoad 
application for Lots 1, 3, 4, 5, and the NE£ Nl£ Sec. 4, T. 38 N. , R. 
43 E», W. M. ,, your district, which you rejected on the same date, for 
conflict with Power site reserve Mo. 639, Executive order of July 17, 
1917, and transmitted to this office on appeal. 

-17- 



By letter "F" January 30, 1920, your rejection was affirmed but 
in view of pending water powor legislation applicant was allowed thirty 
days to apply for suspension of her application, pending such legislation. 

Subsequently you transmitted to this offico request by applicant 
that her said application be suspended, pending legislation, and by letter 
"F" of I.Iarch 30, 1920, action on the application was suspended accordingly, 



The water power bill now having become law, you will call on ap- 
plicant to file her election to take said lands, reserving to the United 
States or its permittees or licensees the right to enter upon said reserved 
lands and take and use the same for powor purposes in accordance with the 
terms and conditions of section 24 of the said act. 

Notify her that she is allowed thirty days to file such election, 
or to appeal herefrom, and that in default thereof her application, hereby 
held for rejection, will be finally rejected without further notice. 

A copy of section 24 of the act and of this letter is inclosed 
for service upon applicant. 

In duo time report, with evidence of service. 

Very respectfully, 

CLAY TALLLLAN, 

Approved, July 1, 1920, Commissioner. 

PAYNE , 

Secretary. 

PRACTICE - MOTION FOR THE EXERCISE OF SUPERVISORY AUTHORITY. 

DEPARTMENT OF THE INTERIOR 

Washington. July 8, 1920. 

* . 

ORDER. 

The filing of notions for the exercise of the supervisory power 
of the Secretary of the Interior, under Rule 85 of Practice, docs not act 
as a supersedeas of the final decisions theretofore rendered. The Bureau 
officers will not permit oral or written notice of such action to suspend 
or otherwise delay execution. Attorneys in the office of the Solicitor, 
to 'whom such motions are assigned for consideration, will not withdraw 
the records in the cases affected from the General Land Office or other 
bureaus, except on the express order of the Solicitor, Board of Appeals, 
or First Assistant Attorney. 

S. G. HOPKINS, 

Acting Secretary. 

-18- 



KERN RIVER COMPANY* S CASE. 
REMEDIES OF GOVERNMENT VJHERE &RANT OF RESERVIOR SITE HAS BEEN OBTAINED 

UNDER A STATUTE FDR A USE NOT -PERMITTED THEREBY.- 

The recent decision of the United States Circuit Court .of 
Appeals for the Ninth Judicial Circuit, in United States v The Kern 
River Company (264 Fed. Rep. 412} , marks the culmination and, ..it is 
believed, the termination of a more or less prolonged disputation con- 
cerning the purpose: ahd effect of the Act of Congress of May 11, 1898 
(30 Stats*, 404), to broaden the uses which nay be lawfully made of 
reservoir and canal sites and rights of way granted pursuant to the' 
Act of Congress of March 3, 1891 (26 Stats-, 1095). The latter act, 
as is known, grants the-use of public lands for such structures as may 
be intended for purposes of irrigation. The later act of 1898 author- 
izes the use of lands so grantedi 

'.'For purposes ;of -a public nature.... for purposes' of ' 
water transportation, for domestic purposes, or for the devel- 
opment of power, as subsidiary to the main purpose of irrigation". • . 

There has been much contention concerning the meaning of the 
term "subsidiary" iri'this last mentioned enactment, that is, whether 
it described uses' or purposes not only subordinate but also incidental 
to irrigation use, or whether it was intended to, permit such use as 
it defined, although unrelated -to and independent of the irrigation use, 
or even to sanction any such use' when far more important and greatly 
superior to any irrigation service afforded. . . 

The Department '-has consistently adopted the first of these 
views, that is, that the- subsidiary use must be related and subordinate 
to the use for irrigation; and in the case of the Green River Company - 
a -concern proposing to reclaim lands segregated to the State of Utah, 
pursuant to the Carey Act-, Secretary Lane ruled, that, in so far as that m' 
company proposed to develop power, for sale and 'for commercial purposes, 
and not- as an aid to irrigation, it would be obliged to apply for and 
secure a license pursuant to the Act of Congress of February 15, 1901 
(31 Stat., 790), in addition to its application, for use of the same 
lands for irrigation structures, in accordance with the law of 1891 and . 
1898. 

In this case of the Kern River Company^ that corporation, or- 
ganized under the laws of the -State of Maine, and' empowered to engage in 
the business of supplying Va'ter "for irrigation . and to develop and -use- or 
dispose of power, applied to this Department,,, in 1897, for approval of .;. :'.. 
maps filed by it at that time, depicting the location of a reservoir and — 
of certain diversion and service canals, the right to use which was 
sought -pursuant to the above mentioned sta'tutes of 1891 and 1398.. 

-19- 



There was, at that time, some ground for suspicion that the 
applicant company had more in purpose the development of commercial 
power on a large scale than any irrigation enterprise, and in corres- 
pondence between the company and Departmental officials, the permis- 
sibility of any such principal and insubordinate use of the proposed 
reservoir and canals was maintained on the one hand and denied on the 
other. The net result of this discussion was the submission of amended 
maps of the company* s contemplated structures, with a reference to the 
acts of 1891 and 1898 so framed as to effect a studied evasion of any 
explicit statement of the real purpose for which the grant was sought. 

In 1908, the Secretary of Agriculture invited the attention 
of this Department to the fact that the granted easement or estate was 
not being employed for irrigation purposes, but solely and alone for 
the generation and development of electrical power, and that the company 
had not right -to water which' could be employed or relied upon for irri- 
gation use. On March 21, 1908, the Secretary of the Interior directed 
the Commissioner of the General Land Office to lay a rule upon the com- 
pany, re qui ring an immediate showing of cause why relinquishment should 
not be demanded or suit for forfeiture instituted. To the rule so 
ordered the company made an elaborate response, contending that the Act 
of 1898, pursuant to which, in part, it obtained its grant, authorized 
the use it was making of the granted property, and insisting, also, 
that it had not misrepresented to the Department its object and purpose' 
when' applying for approval of its maps. The Department, on November 12, 
1909, rejected the company's contentions, and directed submission of 
the matter to the' Attorney General, unless, within a reasonable time, the 
company should! relinquish its grant and apply for the license authorized 
by the Act of Congress of February 15, 1901, relating to power uses and 
purposes. The company was duly advised of the Departmental conclusion, 
but omitted to submit any response thereto, or to take any action in 
conformity therewith, and, under date of March 10, 1911, the Attorney 
General was requested to inaugurate action for cancellation of the approv- 
al 'by the Secretary of the company's application and maps. On September 
11, 1914, the Attorney General caused to be filed in the United States 
District Court for' the Southern District of California a Bill in Equity 
(Equity Suit No* 20) seeking a forfeiture of the interests or rights ob- 
tained by said approval. 

On February 10, 1919, Judge Trippet, presiding in that court, 
handed down a decree dismissing the governments bill, in that connection 
finding that there had been no fraud by the grantee company in procuring 
the approval of its maps; that, even though there had been misrepresenta- 
tion in that connection, it was lawfully entitled to such approval, be- 
cause the statute of 1898 had been improperly construed by this Department, 
and that, by a proper construction of that act, the company was priv- 
ileged to employ the lands occupied by its structures for power purposes 
alone. He also ruled that there could be no forfeiture of the grant, 
inasmuch as only one ground of forfeiture - failure to construct within 
five years, was specified by the granting act, and it was not claimed 
that construction had not been accomplished. 

-20- 



Under date of May 2, 1919, this .Department strongly rep- 
resented to the Attorney General the importance of an appeal from this 
decree, in that connection stating; 

'In. my opinion an appeal should be filed. The importance 
of this particular case, as well as its bearing on causes 
pending before this Department 'and others sure to arise, 
prompts this opinion. Moreover, the reasoning used by the 
court, in arriving at its conclusion is, to say the least, 
not persuasive or convincing- That forfeiture may not be 
effected for misuser of the easement is probably true. But 
the Bill appears to have prayed for special relief by way of 
injunction against continued misuse by the grantee of the 
easement, and also, doubtless, sought general equitable re- 
lief in accordance v/ith the case made' r : Conceding, then, 
that a case.',, for forfeiture for breach' of condition was not 
made by the facts alleged in the Bill.,, and if we should admit 
that positive misrepresentation amounting to fraud was not 
proved, 'and that, therefore, cancellation was not demandabie, 
it would still 'appear that' the prayer 'for injunction might and 
ought to have been granted as not inconsistent with the general 
theory and object of the Bill. That .the government is entitled 
to the remedy of injunction in a case 'of misuser or excessive 
user in a case like this' seems clear. ,(T/ashburn On Easements, 
685; Cyc. Vol. 14, 'p .1195).'' . .. V ...'""; 

I find it "difficult to follow the, reasoning. .of that part 
of the opinion' which, absolves the grantee of fraud and artifice 
in procuring ./the approval of the" grant .. .Admitting that it had 
its own conception of what the statute intended as respects the 
purposes f or;which the involved land might be used, it seems 
reasonably certain that it also knew the construction adopted 
by this Department and insisted upon in this very instance, 
and that the Departmental approval of its application could not 
be procured for its designed use of., that land, unless that de- 
sign be concealed, or misrepresented. It resorted to conceal- 
ment, and, while ostensibly accepting the grant in conformity 
to the prevailing and uniformly maintained construction a/bove 
mentioned, it, at that time and at all times since, purposed and 
intended to "employ the granted estate or interest for or in aid 
of' objects .quite different from those at which the statute aimed. 
If, then, it be a fact that the construction adopted and followed 
by the Department was and is essentially correct, and if the 
statute requires a primary and principal use for irrigation, only 
permitting a secondary and subordinate use for the development 
of power, it would seem necessarily to follow that the grantee 1 s 
conduct in this matter discloses more than a mere savor of -fraud 
and fraudulent artifice. 



-21- 



This much seems certain - that the Kern River Company 
obtained by its proceeding in this matter only such rights 
and privileges as the statute granted to it. And, regard- 
less of whether or not it practiced or contemplated any 
fraud in its obtention and use of the granted interest, 
it is clearly bound and limited by the provisions and 
limitations of that statute. So that, if fraud, neither 
actual cr implied, can be predicated upon what was done 
and performed in and about the solicitation and procurement 
of the Departmental approval, it may, nevertheless, be ob- 
liged and compelled to confine its use of the granted prop- 
erty to the limits marked out by law" • 

By its decree of April 5, 1920, the Circuit Court of Appeals, 
speaking by Judge Rudkin, reversed the decree of the District Sourt, 
following an opinion in which the Departmental construction of the Act 
of 1898 is sustained; the Kern River Company was found to have been 
guilty of fraudulent artifice by which to procure approval of its map; 
and it is further declared that, for a misuser like that disclosed by 
the evidence in this case, the government is entitled to the remedy of 
an injunction. 

We quote the following interesting excerpts from the -opinion: 

"From the foregoing statement of facts it seems 
quite apparent that appellees are operating and main- 
taining a' canal used solely for the purpose of gener- 
ating, manufacturing and distributing electric power, 
over a public forest reserve of the United States, without 
obtaining the necessary permit from the Secretary of the 
Interior, and without authority of law* We say this is 
quite apparent, because, under the original act of 1891, 
the right of way could only be obtained for purposes of 
irrigation, and under the amendment of 1898 the right was' 
not extended so as to include general power purposes; for, 
whatever construction the words 'may be used for purposes 
of a public nature* in the latter act might receivev if 
standing alone, these general words are limited and quali- 
fied by the specific provision 'or for the development of 
power, as subsidiary to the main purpose of irrigation*, 
so that it is entirely manifest that a right of \vay for a 
canal for the development of power can only be obtained - 
under the amendment of 1898 when such development is sub- 
sidiary to the main purpose of irrigation; and no such case 
is presented here. 



-22- 



There is another ground upon which the jurisdic- 
tion of a court of equity may perhaps be sustained* If 
v/e should assume that the appellees acquired a right of 
way for a canal for irrigating purposes and for the develop- 
ment of power subsidiary thereto, an injunction would 
seem to be an appropriate remedy to prevent the continuing 
and threatened .use. of. the right of my;. thus obtained for 
oth'er and different purposes and for purposes not authorized 
by law. " : ; , . * 'r...'..'. '.... .. : , 

The rule .invoiced by -the appellees, 'that an appellate 
court, will' not cUsturb the findings of 'the. trial court on 
disputed" quest ions -cf. fact , unless- it: is. clearly manifest 
that there is no substantial evidence to support them, has 
little or no applicative to a cas-e .submitted on bill and 
answer and an agreed statement of facts ». Furthermore, there 
is -little room ..icr controversy over the-facts in this case-* 
It is" apparent that. the-; power company •■via-'s attempting, through- 
out to obtain, a., permanent, right of way for a eehal to be used 
'for power.' purposes, under -.an- .-act of Congress which granted n-> 
. such -right p > 'Then the r'l-tst application -was made, the Com- 
missioner of the General-Land -Of f ice called attention to the 
two' acts,, the one granting a right of vscay -for irrigation pur- > . 
poses and the other for- power purposes-'/. -''and ruled that an 
application based -on -the- two acts would' not be approved. To 
ov er come.. the. s objection, doubtless, the" proper officers of the 
power company certified 'that the right of way for said canal 
was desired solely for the purposes prescribed by the- afore-' 
said acts', referring back to the acts ef 1391 and 1893. This 
certificate was -..essentially and unqualifiedly false'. ... ■ - \ -.J 

For th,ese reasons., the. charge of fraud; -in our opinion, 
is fully sustained; but,, "if- v/e accept- 'appellees view of the 
case, and f i*jd: thai,- the approval of the Secretary was given 
with full k.r. o ■-,-.';. edg-e pf»-al.l the facts, it would avail th'em 
nothing.,, because, iv-.- that event,- the' Secretary simply exceeded 
his authority,, and thy validity of his approval may well be chal- 
lenged int. a sint ofitMskind« Thus, in.'. United States v Poland, 
251 If.S. 23.1'j >the>' Supreme Court held that a patent issued for 
more than 160' acres -of land in a single body, in the Territory' o'f 
Alaska, under soldier's additional homestead rights, were void, 
notwithstanding that there was no fraud and the patents issued. ... 
with full knowledge of all'tthe facts' 1 '. 

The case is an exceedingly interesting one, in respect of its his- 
tory and. because of the legal propositions it involved.*... Its" importance 
in the -administration of 'the statutes discussed can scarcely be over- 
estimated, :• and -the BULLET IK '--deems it well worthy of the space that it 
has been accorded it here-. •'• ' • ; ~ 

-23- 



ARKANSAS LAKE AND SUNK LAND LITIGATION 

Suits Recently Instituted . 

Bills of complaint were filed last month (July) in the 
United District Court for the Eastern District of Arkansas, Eastern 
Division, seeking to quiet title in the United States to areas lo- 
cally known as "Golden* s Lake" and "Young's Lake" f situated^in 
Mississippi County, Arkansas* The suits are styled United States 
v.J, W. Rhodes et al-, and United States v. Sue H. Lovewell, et al. 
The defendants are asserting title adversely to the Government by 
virtue of the doctrine of riparian ownership and the plaintiff is 
contending that the original surveys were erroneous in that the areas 
were returned as lakes when they in fact comprised lands in place 
that should have been surveyed with the adjoining lands. 

It is alleged in the bills of complaint that the areas in- 
volved in the suits comprise 3,265.13 acres and 2,188.75 acres, the 
values of which exceed $300,000 and $100,000, respectively. Title 
to the lands was asserted on behalf of the Government in Land Depart- 
ment decisions rendered August 2, 1917, and December 31, 1917. The 
so-called lake areas are covered with homestead settlers, who re- 
cently were allowed to file entry applications, and inasmuch as it 
has been alleged that these settlers have been and are being harassed 
and ousted by the riparian claimants, the Government is also seeking 
to have the defendants enjoined during the progress of the suits from 
cutting and removing any of the timber on the lands and from further 
interfering with the peaceable possession of the settlers. 

More Lost Lakes Found. 

On June 30, 1920, decisions were rendered by the General 
Land Office, which were approved by the Department, holding that the 
title to certain unsurveyed areas, situated in Northeastern Arkansas, 
and locally known as "Bearfields Lake", "Cypress Lake" and "Dismal 
Lake", is vested in the Government, on the ground that those so-called 
lake areas, were not in fact lakes, but were lands in place that should 
have been surveyed vvith the adjoining lands' when the original surveys 
i V QA e made abou ' fc seventy-five years ago. The areas comprise about 
180 acres, 600 acres and 1000 acres respectively, and the surveys 
thereof have been directed. The cases were initiated by alleged settlers 
upon the lands who filed applications to have them surveyed and opened 
to homestead entry. 

Another Arkansas Lake Decr ee. 

On June 7, 192 0, the United States District Court for the 
Eastern District of Arkansas, ordered that a decree be entered favorable 
to the Government, quieting title to approximately 625 acres within an 
area locally known as Bagwells Lake, Arkansas. The suit is identified 
as United States v. Morris and Company et al., Equity No. 57. The Bag- 
wells Lake area comprises approximately 2260 acres and is a portion of 

-24- 



the so-called St. Francis Riv.er .Sunk Lands., For tactical reasons, 
however, it was not included in 'the principal sunk land suit . In 
1893, which was long prior to. the survey of the so-called sunk lands 
by the Government', in fact prior to the time that the Land Department 
had asserted title to the lands, a private survey was made of the 
Bagwells Lake area and the' State sold 1560 acres, evidently upon the 
assumption that it would later acquire title to the lands under the 
swamp land grant. A number of sales, of other similar areas had been 
made by -the State, In 1898, Congress incorporated into an act the 
terms of an agreement entered into between the United States and the 
State of -Arkansas, known as the Arkansas Compromise, whereunder the 
State relinquished all further claim to swamp lands that had not al- 
ready been approved or confirmed, with a proviso, however, that title 
to. unsurveyed areas', such as the Bagwells Lake area, that had previous- 
ly been sold by the State be confirmed in the purchasers. 

The General. Land Office supposed for a number of years that 
the State had sold the whole of the Bagwells Lake area and that the 
Government had no title to or interest therein. Information to that 
effect was disseminated. Later it was discovered that approximately 
700 acres 'had not been sold and thereupon title -.was declared to be 
still vested in the United States. The Supreme -Court of the State 
of Arkansas in the, case of Glascock v. National Box Company (104 Ark., 
154), however, practically nullified the so-called compromise act in 
so far as it was intended to be applicable to the Bagwells Lake lands, 
by holding in effect that no title had. been acquired through the pur- 
chase from the State, since to hold otherwise would interfere with the 
rights of riparian claimants who had purchased the adjoining surveyed 
lands on the faith that the work of the surveyors who 'returned the 
area as lake was correct „ This decision was. responsible for more or 
less confusion' as to the true ownership of the lands that the State 
had sold in that the Government was contending that the riparian 
claimants had no title thereto, and on the other hand the Land Depart- 
ment had recognized that the purchaser from the -State had a good title 
by virtue of the compromise act. In order that the status of the 
lands might be authoritatively determined the suit which the Govern- 
ment instituted was .made to include the whole of the Bagwells Lake 
area, but without expectation of obtaining a decree for that portion 
which the State had sold in 1893. The decision of the United States 
District Court sustains the views of the Land Department and gives a 
good title to those claiming title through the State, thereby abrogat- 
ing the effect of-- the decision of the State Supreme Court in the case 
of Glassopck v. National Box Company, supra, and it gives to the United 
States practically all of the lands which* it was contending for. The 
decree has not yet 'become final owing to the fact that the period 
within which an appeal may be entered has not terminated. 

Partial Revocation of Order of Suspension . 

Recently the order of suspension that has been in force for 
several years \idthholding the issuance of final certificates and patents 
for lands within the so-called lake and sunk land areas' of Arkansas dur- 
ing the pendency of litigation involving the question of title to those 

-25- 



lands has been partially revoked and patents may now be issued for 
lands within the St. Francis River Sunk Land area proper (approxi- 
mately 54000 acres), Tyronza Cut-off, and portions of Buford Lake, 
Grassy Lake, and Walker Lake, The order had previously been revoked 
in so far as it applied to certain other portions of Buford and Wal- 
ker Lakes. Patents are being issued to persons having claims to 
those lands under the public land laws as rapidly as it appears that 
they are entitled to receive them. 

Plats of Recent Surveys Approved and Filed * 

Plats have recently been approved and filed in the United 
States Land Office at Little Rock. Arkansas, showing as public lands 
areas locally known as Swan Lake (630*81 acres), Carters or Crater 
Lake (1558.20 acres), Round Lake (603*07 acres), Golden Lake (4364.64 
acres), Youngs Lake (2188.73 acres), portions of Little River (580,94 
acrss). and portions of Pemisco Bayou (184.66 acres) . ■ The lands with- 
in Little River, Pemisco Bayou, Carters Lake and about half of Swan 
Lake have been opened to homestead entry* The other half of Swan Lake 
is within a township that has been withdrawn pending the adjustment 
of an alleged faulty or incomplete survey. The lands within the 
Round Lake area and within a portion of the Golden Lake area are to 
be disposed of by the Government under special, acts of Congress ap- 
proved March 4, 1919 (40 Stat., 1577), and January 17, 1920 (Private 
No. 21). The balance of the Golden Lake lands and the Youngs Lake 
lands have been withdrawn by the Department of the Interior pending 
the outcome of litigation to determine the question of title. The 
numerous settlers upon the lands have been accorded the privilege, 
however, of filing entry applications, but said applications have been 
suspended until the question of title shall be finally decided. 

Survey of Hudgens and Mill Lakes Denied . 

t 

On June 18, 1920, the Department affirmed a decision rendered 
by the General Land Office April 23, 1919, denying an application filed 
by alleged homestead settlers for the survey of lands within areas lo- 
cally known as Hudgens and Mill Lakes, situated in T.-14 N., R, 12 E., 
5th P. M., Arkansas. It had been contended that the topography and 
physical conditions of those areas were similar to those of other 
meandered lake areas in northeastern Arkansas, title to which had been 
asserted on behalf of the Government. It was held, however, that the 
evidence did not conclusively show that material error or fraud had 
been made by the Government surveyors at the time that the adjoining' 
lands were surveyed* Hudgens and Mill Lakes as shown on the township 
plat originally embraced approximately 1000 acres, but owing to the 
change 4n the course of the Mississippi River in this locality, and 
its resultant incursions brought about by the caving of its western 
bank considerable portions of the original lake areas are now in the 
bed of the river. 



- 26- 



of 



GOVERNMENT V/INS AN OIL SUIT 

On July 16, 1920, the appellants in the suit of 17. H. 
et al'v. United States, appeared in' the United States Circuit Court o 
Appeals at 'New Orleans, Louisiana, and requested' the dis: of 

the appeal, whereupon the court on that date ordered the cause dis- 
missed at the cost of the appellants » 

The above styled case is one of the so-called Ferry Lake; 
oil suits that were instituted by the United States in the United 
States District Court, Western District of Louisiana, in which de- 
crees were entered by order of that court in favor of the Governnen' 1 
during August, 1919. ■ ■". 

The appellants' were claiming the 1 lands involved in the con- 
troversy (Lots- 5 and':"67. 6&.29-'-fecre's, Sec* 9,'- T 20 N., R. 16 I/., La.) 
unr.er the placer m:< h.viig- 1 awr, butT'the 'dismiss a-1 of the suit nullifies 
the mining claims and'gi-. 4r,' to the 'United.- 'Spates, possession- 'of the 
oil production 'and a' mbViey' verdict tor \}13'r7 *24- arfbV'"- c-bUtsv - 1 " The •• 
other so-called Ferry Lake oil suits that -.'/ere instituted at the sane 
time are still pending on appeal in the Circuit Ccur^"' ;, bfr;.^Ap£-ea-ls*.- 

*" ' DIGEST' OF : RSC5MT PTLU'.GS IN RELATION * ' 

'■ • »;' -TO OH.' AND £AS PERLrlTS AlID LEASES. .'.i.-aci 

■' : - '.-.'■ ^ j". ; ■ -t .,('... ...' 

Discovery on 'Ad jo ining C laims'". • ' " ■ ■- :..:'■ ■'.'•'. 

In case'of two claims that' adjoin,' it is necessary to have v ' 
discovery on Sach claim, to secure lease' for 'both under Section 18; 
If the discovery;.is only on one claim the'^.ease must be confined to 
the limits of the cllaim 'containing 'the discovery. 

Right of Ass ignees t^ Lnase, ' 

The grantee of good faith locators may transfer his interest 
to contractors, 'assignees, or lessees who were in possession r 'or 
to July 1, 1919, and each of such owners may then appl^ 1 for a lease 
of such portion of; * the ; 'claim as may be agreed' up en among those en- 
title to the ''claim r .as a/whole » This' is contingent upon the condition' 
that grantee ;bf locators has not been holding more than the maximum . 
allowed under "Sect ioVr 113 of the leasing '"act"; 

Party in Int erest Must Fi le Application . --'"-'• 

*£l$&-&3£ .and gas leasing bill provides that permits may be 
issued to" a pttisen'of the United States, an association of such citi- 
zens,^ a Corporation Organised under the. .laws of the United States or 
Of 'any State oi* Territory thereof or a 'municipality. 

It follows from this that no one but a citizen can obtain 
any rights under the provisions of said_act e This office has held 
that an agent or at*torney-in-f ant may' : Tccate 'a claim but that the party 
in whose 'interest the claim is located 'mi&ftT, file the 'app^jc at ion for 
a permit and" at "that time show his qual'iYfc'at'ions*. "'the ' citizen ship 
of the agent is not material. 

-27- 



Assignee of Claim Located Before. October 1. 1919 , 

An application for oil permit or lease under section 19 may 
be made by an assignee who acquired title after October 1, 1919, to 
a claim located before that date, provided such assignee may not acquire 
permits to more than 2550 acres in the same structure or three times 
that area in the same state. 

TOWNS TIES 

Hot Sprin^s^ New Mexico * 

Hot Springs townsite, in Sierra County, New Mexico, contains 
a number of mineral hot springs from which the town derives its name, 
and the town 1 has becoftls quite famous as a health resort oh account of 
these springs and their curative qualities. Reservations have been 
made arourifct the springs for the purpose of retaining Government con- 
trol. July 27, 19 20 | the question of control and care of the springs 
as a government reserve was submitted io the Secretary. 

P ocatelloy Idaho . 

May 12, 1920, an act was passed granting to the city of 
Pocatello, Idaho, certain lands containing 2,368.20 acres for preserve' 
lag and protecting the source of the city water supply. July 20, 1920, 
regulations for the administration of the act were approved by the 
Department* July 23, 1920, the regulations were promulgated to the 
Register and Receiver, and they were directed to notify the city 
that they are ready to receive its application under the act which al- 
lows two years from its passage in 'which to make selection and entry 
of the lands. This act, by Sec. 2, also sets aside 78.40 acres for 
addition to the townsite of Pocatello. Regulations under this section 
will be prepared as soon as the land for the townsite is surveyed into 
lots and blocks. 

Additions to Ketchik an, Alaska . 

Surveys of the exterior lines of two additions to the town- 
site of Ketchikan, Alaska, have been made and are under consideration by 
this office. In order to expedite the disposal of the lots in said ad- 
ditions, George A. Parks, Chief of the Alaskan Field Division was on 
July 1, 1920, appointed trustee in charge of these additions. 

My ton. Utah. 

Regulations for the sale of the lots in the recent supple- 
mental plat of Myton, Utah, were approved July 21, 1920. The sale 
will take place at the townsite, September 21, 1920, and be conducted 
by the Superintendent of the Opening and Sale of Indian Reservations. 

Bonita, Louisiana. 

July 3, 192 0, regulations were approved under the Act of June 
5, 1920, authorizing the Secretary of the Interior to cause a patent 
to be issued to R. L. Credille, mayor of the village cf Bonita, Louisiana, 

-28- 



in trust for the use and benefit of the occupants of said townsite, 
located on the S-g- SW£ Sec. 5, T.. 22-.N.., R. 8 E*, Louisiana Meridian, 
July 8th the regulations were s,ent/ to the local officers, and the 
mayor of the city notified, . ■ .,* .•'■'• 

Flathead Lake V i lla Sites, Montana -, 

A petition embraced in five different letters for extension 
of time within which. to make payment of the purchase price of the 
lands in the Flathead, Montana, was submitted to the Department of 
the Interior through, the Commissioner of Indian Affairs. July 1, 
19 20, the Secretary of the Interior granted an extension of one year 
from said date within which to make said delinquent payments on con- 
dition that the applicant for an extension should pay five per cent 
interest in advance ' on the amount extended and for the time of the 
extension. The regulations have been promulgated to the Register and 
Receiver, and they have been directed to give such publicity to the 
order extending the time as may be done without incurring expense* 

Plummer and Desmet. I daho . 

Regulations are being prepared for the public sale of town 
lots in Plummer towrsite, pa September 11, and in Desmet on September 
14, 19 20, to be conducted by the Superintendent of the Opening and 
Sale of Indian Reservations. The t owns it es are in the Coeur d*Alene 
Indian Reservation, IdeJifH In the townsite of Desmet is an abandoned 
railroad right of way and station grounds, which are being surveyed 
into lots and blocks and will be include a in' the sale» 

Dur>ree t South D ak ota . 

Regulations are in course of preparation for the sale of the 
unreserved and unsold lots in the townsite o'f Dupree, in the Cheyenne 
River Indian Reservation, South Dakota, the sale to take place October 
21, 192Q. 

Parker, Arizona* 

Regulations for a public sale November 6, 1920, of the un- 
reserved and unsold lots in the townsite of Parker in the Colorado 
River Indian Reservation, Arizona, by the Superintendent of the 
Opening and Sale of Indian Reservations, are ready to submit to the 
Secretary of the Interior for his approval. 



-29- 



CLASSIFICATION OF PUBLIC LANDS. 

The Secretary of the Interior has just issued a summary of 
the activities' of the Department in classifying lands through the 
Geological Survey during the month of June, 1920. Continued progress 
was apparent in the classification of lands under the stock-raising 
homestead law, which makes public lands available for entry for 
stock-raising purposes in homesteads of 640 acres or less. Nearly 
14,000,000 acres were classified under this Act during the month. 
The areas by States are as follows: 

Arizona 2,048,320 

Colorado 1,141,674 

Idaho 1,159; 870 

Montana 5>510;816' 

New Mexico 3C,000 

Oregon-. 1,448,040 

South Dakota - 2,527.123 

13,865,843 



A total of more than 74,000,000 acres has now been classified 
as stock-raising land since the passage of the Act joa December 29, 19l6» 
Nearly 82,000 applications have been received and of this number more 
than 67,000 have been disposed of, the great majority of them by the 
det ignation of the lands involved. 

Nearly 550,000 acres of land were classified during' the month 
under the enlarged homestead laws, which provide for entry of non- 
irrigable lands in areas of 320 acres or less for dry-farming purposes. 
The areas by States are as follows: 

California 52,120 

Colorado 49,760 

Idaho 30,840 

New Mexico 59,884 

Wyoming 154.160 

346,764 

About 10,400 acres of land valuable for water power were in- 
cluded in an order of withdrawal promulgated during the month. Forty 
acres in Nevada were withdrawn in public-water reserve. 



LIBERTY BONDS AND GOVERNMENT SAVINGS 
SECURITIES ARE AS STRONG AS THE NATION ITSELF 
HOLD AND BUY MORE 



-30- 



RECLAMATION PROJECTS - SCI1QOLIIOUSE SITE! 
Circular No. 705 1/2 



DEPARTMENT OF THE INTERIOR 
GENERAL LAND OFFICE 
: . . WASHINGTON 



June 23, 1920. 



Regulations for administration of 
act of October 31,1919 (41 Stat., 326) 



Registers and Receivers 



IK S. Local Land Offices. 



Sin 



Your attention is invited to the Act of. Congress, which took ef- 
fect October. 31, 1919 (41 Stat.", 326), entitled.; VAn Act granting lands 
for school purposes in Government townsites on Reclamation Projects," 
which reads ,as follows:' . ' . 

"Be it enacted by the Se.nc.te and House-. of Representatives of 
the United States,, of] America in Congress assembled,- That the. 
Secretary of the Interior "be and he is hereby authori.zred, upon 
application by the proper officer- of a school district located 
wholly or in part within ^.e, boundaries, of a project of .the United . . 
States Reclamation Service, to issue patent conveying to such 
district such unappropriated undisposed, of. lands, not exceeding 
six acres^ in '.area, .within any Government reclamation town site 
situated within' such school district as, in the opinion of the 
Secretary of the Interior, are necessary for use by said district 
for school buildings and grounds:.. Provided, That if any land so 
conveyed cease entirely to' be used for school purposes, title thereto 
shall revert to and revest, in the United States. 
Received by the President, October 20, 1919." 

.•»■•* - 'i 
At any 'time after the approval of the survey of any Government 
reclamation town site and the subdivision thereof into/town lpts, with 
appropriate reservations for public purposes, a school district, in order 
to obtain title under, said act, should file, through its proper officers, 
its application for patent to the unreserved, unappropriated, undisposed 
of lands it may desire, not exceeding six apres in area, therein specifi- 
cally describing the same by lot and block numbers, as delineated and 
designated on the approved townsite plat; submit sufficient and satis- 
factory reasons showing that the area applied for is needed for its use; 
that the land is unappropriated and subject to disposition under the act, 
in order that the Land Department may be fully advised, that there is no 
adverse claim for the land applied for; an d therewith furnish the cer- 
tificate of the Superintendent of Public Instruction, pr other officer 
performing such function, having jurisdiction over the county in which 
the town site is situate, showing that the district is a duly organized 



-31- 



district under the laws of the state and entitled to hold real estate in 
its corporate name. 

The applicant must also procure and file with the application, 
at the time of the filing of the same or as early as practicable after 
the filing of such application, a statement by the project manager of 
the Reclamation Service having charge of the proj ect in which the land 
is located, showing that the disposal of the land applied for will not 
in any manner interfere v/ith said project, such statement having been 
previously approved by the Director of the Reclamation Service, 

There is no limit to the number of applications v/hich may be 
filed by a qualified school district, the only limitation being that 
the total acreage v/hich may be patented to such a district shall not 
exceed six acres in area within any government reclamation tov/nsite 
situated within such school district. V/henever, therefore, more than 
one application is filed by the same applicant, such applicant should 
refer by serial number, to all previous appli cations filed by it. 

The application and proof must be filed in the district land of- 
fice wherein the land applied for is situate, and if the officers thereof 
find the same sufficient under these regulations, and if the Reclamation 
Service makes favorable report upon the said application, the register 
v/ill issue certificate entry, the same to provide: 

"That if any land so conveyed cease entirely to be used 
for school purposes title thereto shall revert to and re- 
vest in the United States." 

Very respectfully, 

CLAY TALLMAN, 

Commissioner. 

Approved: June 18, 19 20 

MORRIS BIEN, 

Acting Director Reclamation Service . 

Approved: June 23, 1920. 
S. G. HOPKINS, 

Assistant Secretary. 



-32- • 



Circular Mo. 708 

DEPARTMENT OF THE INTERIOR 
■ GENERAL LAND OFFICE 

WASHINGTON July 6, 19 20- 

AC COUNTS : Increase of compensation* 

Registers and Receivers, ' 

Surveyors General, 

Chiefs of Field Divisions, 

Special Disbursing Agents and others. 

Sirs: 

Section 6 of the legislative act approved May 29, 1920 (Public Mo .231), 
provides for increase of compensation for all civilian employees of the 
governments of the United States and of the District of Columbia during 
the fiscal year ending June 30, 1921, in the same form as was provided 
by Section 7 of tho Act of March 1, 1919, quoted in circular G50. 

So many -disbursing officers and certified officers have failed to com- 
ply with that part of the statuto which provides that: 

"So much as may be necessary. to pay, the increased compensation 
provided in this, section to persons -employed under trust funds 
who may be construed to be employees of the Government of the 
United States or of the District of Columbia is authorized to be 
paid, respectively, from such trust funds,''' 

that it is perhaps necessary to call special attention to the concluding 
paragraphs of circular 650 which read: 

"Under the provisions of this paragraph, the increase of .com- 
pensation of ()240 per annum to employees whose services are 
chargeable to 'Deposits by Individuals for Surveying Public 
Lands,' deposits for rcsurveys under the act of September 21, 
1918, 'Completing Surveys within Railroad Land Grants,' or other 
Beposits made by individuals to cover the cost of work to be per- 
formed, will be pai d from the funds chargeable with the cost of 
such employees' services . 

"In the case of employees engaged on work, a part of v/hich is 
chargeable to 'Completing Surveys within Railroad Land Grants,' 
and whose salary will, therefore, be paid from 'Surveying within 
Land Grants (reimbursable),' the increase of compensation at .',5240 
per annum will be paid from 'Completing Surveys within Railroad 
Land Grants,' and 'Increase if Compensation, Interior Department, 
1920,' in the proportion that the railroad company and the Govern- 
ment is chargeable with the regular salaries of such employees." 

Very respectfully, 

CLAY TALLMAN, 

Commissioner. 



-33- 



Circular No. 710 

DEPARTMENT OF THE INTERIOR 
General Land Office 

Washington iluly 7, 1920 i 



Regulations for the Sale of Abandoned 
Fort McKinney Depot, Post and Wood and 
Timber Reservations, Wyoming. 



Register and Receiver, 

Buffalo, Wyoming, 
Sirs: 

The lands in the Abandoned Fort McKinney Depot, Post and Wood and 
Timber Reservations, Wyoming, were appraised in the year 1910, and (ex- 
cept the land in the post reserve at that "time withdrawn, but not clas- 
sified and subsequently classified as' non-coal land) were offered for sale 
at public auction on January 18, 1911, under the act of July 5, 1884 (23 
S$at,, 103), and the instructions of November 28, 1910 (39 L- D., 368). 

The lands undisposed of at such sale, embracing 4,688,15 acres, were 
reappraised on May 31, 1920, at prices ranging from $1,25 to 022. 50 per 
acre, the total reappraised price being 019,736,38, which reappraisement 
is hereby approved. 

Of the undisposed of lands in question, it is provided by the act of 
May 25, 1920 (Public No„ 219, 66th Congress), that the S-g- SWkSec, 6, 5W£' 
NEi, NEi NW-£, • Si NWi, STflJ, NWi SEi, S^ SEi Sec. 7, SW-£ SW£, Sf SEi Sec , 8, 
SWiSW^Sec* 9, Ni NEi, Lots 5, 6, 8 Sec. 17, N£ NEi, E£ NWi, Lots 7, 8, 
9, 10 Sec. 18, T % 50 N,,.R. 82W„, Lot 4, S£ SW£, SWi SEi Sec. 1, SEi SEi 
Sec. 2, Ei NEi Sec. 11, Lots 1, 2, 3, 4, Wf NEi, NWi~ W^ SEi Sec . 12, Lot 
3 Sec. 13 ,T« 50 N., R„ 83 W., 6th P.M., containing 1904.01 acres, be sold 
to Johnson County, Wyoming, at §1*25 per acre. 

The NEiSWiSec. 2, T. 50 N,, R. 83 W„, 6th P.M., containing 40 acres, 
within said reservation, has been recommended for Executive withdrawal as 
a public watering place and camping place. 

The Si Ni Sec. 3, &£ NEi a «d NWi SWi Sec. 4, T; 50 N., R. 83 17., 6th 
P.M., containing 280 acres, within said reservation, has been withdrawn by 
order of even date herewith for use of the general public for stock. drive- 
way purposes. 

The balance of the undisposed of land (a schedule of which is hereto 
attached)* embracing 2,464.14 acres, appraised at 018,996. 00, will be of- 
fered for sale under the provisions of the said act of July 5, 1384, under 
the supervision of the Register, for cash at not less than appraised value 
to the highest bidders, at the U. S» land office at Buffalo, Wyoming, com- 
mencing at 10 a^rn*, October 11, 1920, 

There are no settlers upon any of the lands to be sold, and there are 
no Government improvements thereon. 

"* Schedule omitted from Bulletin. «-54_ 



The "lands may be offered for. sale" as separate legal subdivisions or 
they may be disposed of in one or more units. 

Bids may be made either in person or by agent, but will not be re- 
ceived through the' mail. Purchasers will not be required to show quali- 
fications as to age or citizenship, or to make any showing as to the 
amount or character of public lands heretofore acquired by them under 
any law. Purchasers will be required to make full payment for the land 
at the time of sale. 

The Register is hereby authorized to prescribe such rules therefore 
hot in conflict herewith, as the exigencies may require, and he may at 
any time" suspend or indefinitely postpone the sale or adjourn it to such 
time or place as he may deem advisable, and he may reject any or all bids, 
which, in his opinion are less than the actual cash value at which any 
of the lands offered should be sold. 

All persons are warned against entering into any agreement combina- 
tion or conspiracy which will prevent any of said lands from selling ad- 
vantageously, and all persons so offending will be prosecuted criminally 
under section 5'9 of the Criminal Code, v/hich reads: 

"Whoever, before or at the time of the public sale 
of any of the lands of the United States shall bargain, 
contract, or' agree, or attempt to bargain, contract ,., or" 
agree with any other .person, that the last named person 
shall not bid upon or purchase the land so offered for 
sale, or any parcel thereof, or whoever by intimidation, 
combination, or unfair management shall hinder or prevent, 
or attempt to hinder or prevent, any person from bidding 
upon or purchasing any tract of land so offered for sale 
shall be fined not more than one thousand' dollars, or im- 
prisoned not niore than two years, or both**' „, • • 

Very respectf ully, 

i ". £ * *" - » 

CLAY TALLMAN, 

Commissioner. 

APPROVED: July 7, 1920. , . "*' 

S. G. HOPKINS, , .. '.' 

First Assistant Secretary. 



-35- 



INSTRUCTIONS UNDER SECTION 24, WATER POWER ACT. 
CIRCULAR NO, 711 . ■ 



DEPARTMENT OF THE INTERIOR- 
GENERAL LAND OFFICE 

.WASHINGTON- July 19, 1920, 



Registers and Receivers, ",./,' . ; 

U. S. Land Offices, 
Sirs; ....... 

The so-called Federal V/ater Power bill having become, 
law by approval on June 10, 1920, you are directed. to reject all 
applications, locations or selections presented subsequent to June 
10, 1920, which .'.may be in conflict with any power site withdrawal $ 
or with any. power site application filed under the Act n of June 10, 
1920 (Public 280), or with any withdrawal for transmission lines. 

Circuinr 447! (44.L«! D* 412) directing you to accept and 

transmit to this office applications, locations and selections in 

conflict with transmission line withdrawals, is hereby suspended 

until further notice. 

Very respectfully, 

CLAY TALLMAN, *'. * 

Commissioner* 



••3b- 



ENTRIES IN ALASKA— RESTORATION OF SHORE SPACES- 
ACT OF JUNE 5, 1920— 'INSTRUCTIONS 

Circular No. 714 

DEPARTMENT OF THE INTERIOR . 
* GENERAL LAND 'OFFICE 

; - ; " - WASHINGTON, JKC .Juiy^28, 1920. 

Registers arid Receivers, 

U.S*Land Offices in Alaska. 

Sirs: 

The acts of May 14, 1893, and March 3, 1903, limited to 160 
rods (one-half mile)' the length of a non-mineral entry along the 
shore of any navigable tfater (SO rods in .case of entry of a site 
for trade or manufacture) arid prescribed that along such shore a 
space of at least 80 rods should be reserved from entry .between a^l 
such claims* 

The act of June 5, 19 20, (public 276) provides: 

"That the provisions of the act of May 14, 1898 
(Thirtieth Statutes at Large, page 409), extending the 
homestead laws to Alaska 3 and of the Act of March 3,1903 
• ' (Thirty-second Statutes at Large, page 1028), amendatory 
thereof, in so far as they reserve, from sale and entry a 
space of at least eighty rods in width between tracts 
sold or entered under the provisions thereof along the 
■shore of any navigable water, and provide that' no entry 
shall be allowed ©xt ending more than one hundredf.and sixty 
rods along the shore of any navigable water, shall not ap- 
ply to lands classified and listed by. the Secretary of 
Agriculture for entry under the Act <?f June 11, 1906 
(Thirty-four Statutes, page 222) r and that the Secretary 
of the Interior may upon application to enter or otPsr- 
wise in his discretion restore to entry and disposition 
such reserved spaces and may waive the restriction that 
no entry shall be allowed extending more than one hundred 
and sixty rods- along" the shore of any navigable water as 
to such lands as he shall determine are not necessary .for 
harborage uses and purposes", 

LANDS WITHIN FORESTS. 

2. This act abolishes all the above-mentioned restrictions 
so far as concerns lands within national forests. An application' 
for homestead entry for lands which have been listed as agricul- 
tural in character under the act of June 11, 1906, will be allowed, 

-37- 



if otherwise regular, without ariy/ regard whatsoever to the relation 
of the tract involved to a body of navigable water, unless wharf or 
landing privileges thereon shall have been granted, or application 
therefor be pending, 

LANDS OUTSIDE OF FORESTS, 

3, As to lands outside of national forests the limitations 
mentioned still exist, the laws establishing them being in full force 
and effect; moreover tracts covered by wharf or landing privileges, or 
by applications therefor, are not subject to appropriation. No rights 
under the public land laws can be secured, in conflict with the restric- 
tions above set forth, either by settlement or filing of location no- 
tice or by application for entry, unless and until the shore space in- 
volved shall have been restored, or the waiver as to excessive length 
shall have been ordered, as provided by said act of June 5, 1920, ex- 
cept as hereinafter stated, . . 

4, Under the law it will not be practicable to make any ; 
general restoration of lands along certain streams or certain parts of 
the coast line, since the making of each entry and the location of 
each claim (if the lands on either side thereof are unappropriated) 
creates a new reserved space which is not covered, by a previous restora- 
tion. Restorations of reserved spaces will be made by the Secretary 
of the Interior pursuant to investigation by the Field Service. of this 
office either on his own initiative or following petitions for restora- 
tion. 

RESTORATION . 

5, The act authorizes restorations upon "application to enter 
or otherwise" within the discretion of the Secretary of the Interior, 
and in its administration action will be taken as follows: 

(a) Applications to enter will be entertained as the basis for 
an order of restoration only in cases where the applicant sets up some 
equitable claim to the land accruing prior to the passage of the act;''-' 
in which case the application should be accompanied by a sworn corrob- 
orated statement as to the facts upon which the alleged claim is founded, 
in addition to the showing required in Section 6 hereof; if the land is 
unsurveyed, in lieu of the formal application to enter, the claimant 
should file a certified eopy of the location notice filed in the local 
recording office, 

(b) Petitions for restoration will be entertained when presented 
in accordance with the procedure provided in Section, 6 hereof; a restora- 
tion resulting from such a petition will not give the petitioner a prefer- 
ence right to enter or select the land* 

•38- 



(c) Restoration may also be made by the Department on its trm 
mot ion, .< where, , after, .field investigation ,-> it- is-found that such action 
is authopizedj.by.the statute and required- by public interest. 

(d) .Lands found necessary for harborage uses, or other public 
purposes, will be excluded from orders of restoration, and included 
within an appropriate -.order of withdrawal under. the act of June 25,1910 
(36 Stat. ,847). ;• ; ■ : -' 



r- 



PETITIONS FOR RESTORATION. .-;•.:....-• 
*>• Surveyed Lands. •■> '. j:l 

Any person or persons desiring, may file a petition in duplicate 
for restoration, of any shore space involved, or for waived of the restric- 
tion as to length of the/.claim, or a petition covering both questions if 
this be required. Therein must be given a description of the land sought 
by. legal subdivisions, a full statement as to the pending claims on each 
side, of said tract bordering.> along the water in question, and all essen- 
tial facts set forth as to the availability of the land sought for har- 
bor .purposes, and f if the water f be.:a: ; st ream, all-facts must be stated 
as to its width-,- .depth and navigability, and the use which is ordinarily 
made thereof.. f-.V\ ."• ■•• ; ' : •' 

This petition must be executed before the Register or Receiver 
or some officer in Alaska authorized to administer oaths and having an 
official seal, and must be corroborated by the affidavits of at least 
two witnesses, similarly, executed. One copy thereof will be at once re- 
ferred by the local office- to the Chief .of Field Division for investiga- 
tion; the second copy, together with all other papers filed, will be 
transmitted to the General Land Office with the regular monthly returns. 
The report by the Chief of Field Division will be forwarded by him to this 
office direct. 

Un surveyed lands . . ;,. 

Any person or persons may file in the district land office a 
petition, in duplicate, for the restoration of shore space reservations' "• 
unsurveyed in whole or in part, and in said petition describe the lands 
as accurately as possible according to existing regulations, tieing the 
description to known monuments, towns or natural '-'Objects wherever prac- 
ticable. The petition will be disposed of as above directed for surveyed 
lands. 

PREFERENTIAL RIGHT OF SOLDIERS. 

7. Public Resolution No. 29, approved February 14, 1920, provides 
that for two years following that date officers, soldiers, sailors and 
marines who served in the War with Germany and were honorably discharged, 
or placed in the regular army or naval reserve shall have a preferred right 

-39- 



of entry under the homestead or desert-land laws for sixty days "before 
the general opening of lands to disposal, where lands are opened to 
entry, or lands theretofore withdrawn are restored to entry, except as 
against prior existing valid settlement rights and as against preference 
rights conferred by existing laws or equitable claims sub j ect to al- 
lowance and confirmation. Therefore, until February 15, 1922, all 
restorations of reserved shore spaces will be made subject to such 
preference right, regardless of the question whether they have been 
made pursuant to petitions for restoration, or on the motion of the De- 
partment, Each order for restoration will make provision for preserv- 
ing such preference; but such right will not be recognized in the case 
of restorations made upon application to enter, or location notice. 

The soldier must assert his preferential right by filing his 
application within the sixty-day period which will be accorded soldiers 
by each order of restoration, if the land be surveyed and subject to 
homestead application. If the land be unsurveyed, he must, within that 
time, file in the local recording office a location of his homestead. 

The Public Resolution has no applicability to cases where re- 
lief sought under the Act of June 5, 1920, relates merely to the right 
to a filing extending more than 160 rods along a shore line* 

ROADWAYS . 

8. The act of June 5, 1920, does not modify that clause in 
the act of May 4, 1898, which provides that a roadway, 60 feet in 
width, as nearly parallel to th© ehorolineof navigable waters as may 
be practicable, shall be reserved for tne use of the public as a high- ' 

way. 



Very respectfully, 



CLAY TALLMAN 

Commissioner. 



Approved; July 28, 1920. 

S. G. HOPKINS, 

Assistant Secretary. 



-40- 



DEPARTMENT OF THE INTERIOR 
General Land Office 

-tv .: ... 

Public Lands Restored 
..td ,,.. -v ... 
..,.- Homestead Entry. &n$«Ptyier Disposition 
• • •.'.-. '•'•♦; • by 

Proclamation, Executive or Departmental Order. 

, Preference Rights to Ex-Service Ken of' the War with Germany.. 

.General Method of Opening: ■ 

By virtue of Public Resolution" No. 29 of February 14, 1920, here- 
after and until February 15, 1922, when any surveyed lands within the pro- 
visions of the public resolution are opened or restored to disposition under 
the authority of the Department, such lands, unless otherwise provided in 
the order of restoration, shall become eubj-ect to appropriation under the 
laws applicable^thereto', in the following- manner, and not otherwise: 

Lands -rrjot affected by the preference; rights conferred by t.he Acts 
of August 18, 1.894 (28 Stat*, 394), : or June l^L > 1906 (34 Stat., 23.3), or 
February 14, 19 30 ;f Pub'-, 140/, will be subject to- entry by soldiers ..under 
-the- homestead and -desert-land laws k> wh,ere> both of said laws are applicable, 
or under the homestead law only, as the c,ase may be, for a period of 63 
•days, beginning with the date of the filing. of the torm ship plat, in the 
case of surveys .or ..re surveys, and with the '.date, specified in the order 
of restoration in all other cases, and thereafter to disposition under all 
of the public lafld, 3^se>.. applicable thereto;;- except where homestead entrymen 
are granted a prior preference period under the order. For a period of 
-2.0. days prior troithe: restoration or opening of such lands to. soldiers* 
entry, and for -a;.; like -period prior to the. date or dates such lands become 
subject to -entry;- by the .general public, soldiers in the first instance, 
. arj.d. any ■ qualified^applic^ntp in the second., may execute and file their 
apfilication.S'ic^nd all such .applications -presented' within such .20-day. periods, 
together with-. those off ered s.t 'nine- o' clock A, M %J/ standard t Im'eV. Jin, the 
dates such lands, become subject to appropriation under; such applications, 
shall be treated as filed simultaneously, . . 

Unsurveyed lands are not subject to homestead or desert land 
entry. A homestead entry may embrace 160: acres, or an approximation 
thereof, and where the lands are of the character contemplated by the 320 
or 640 atfrd homestead acts, applications for the unappropriated lands may 
•b'e" filed by- ''qualified persons, under either -of said acts, accompanied by 
proper petitions, if undesignated, fdr the designation of lands, thereunder, 
and such applications will be suspended pending determination as to the 
character- of -such lands-. 

Th'i^f-fci'iowiftgsare restorations' or openings which will occur in the 
near future and concerning which further information may be obtained fj^oia 
the local offices: . 



-41- 



FROM STOCK DRIVEWAY WITHDRAWAL 

ARIZONA: 560 acres in Yavapai County, Phoenix Land District, 

open to homestead and desert-land entry by ex-service 
men of the World War beginning July 30, 1920. Filings may be presented 
during the twenty days prior to that date. Any lands that remain un- 
entered will be open to homestead entry only by the general public from 
October 2 to October 9, 1920, and on October 9, any remaining lands 
will be subject to general disposition - that is, to appropriation under 
any applicable land law by the general public* The lands are released 
from Stock Driveway Withdrawal, and are generally mountainous and graz- 
ing in character. 

THROUGH CANCELLATION OF PATENTS BY DECREE OF COURT 

NEBRASKA: Several tracts, aggregating. 3,514*84 acres in Garden 

County, Alliance land district, open to homestead and 
desert-land entry by ex-service men of the war with Germany for 63 days 
beginning July 24, 1920; filings may be presented during the twenty 
days prior to that date* Any lands that remain unentered will be open 
to homestead entry only by the. general public from September 26 to 
October 16, 1920, inclusive; and on and after October 15 any lands re- 
maining unentered will be subject to general disposition, that is to 
appropriation under any applicable land law by the general public* The 
lands are generally rolling grazing lands with some p-onds or lakes* 

FROM STOCK DRIVEWAY WITHDRAWAL 

COLORADO: 8,152 acres in Saguache County, Del Norte land district, 

open to homestead and desert-land entry by ex-service 
men of the World War beginning August 11,1920. Filings may be presented 
during the twenty days prior to that date* Any lands that remain un- 
entered will be open to homestead entry only by the general public from 
October 13 to October 20, 1920, and on October 20, any remaining lands 
will be subject to general disposition - that is, to appropriation under 
any applicable land law by the general public* The lands are released 
from stock driveway withdrawal* 

THROUGH CANCELLATION OF PATENTS 

Under recent orders of restoration, certain tracts recovered 
by the United States through cancellation of patents by decrees of court, 
or otherwise, viz: 

A tract of 640 acres in Alliance land district, NEBRASKA; 

Two tracts, aggregating 623.63 acres, in Tucumcari land dis- 
trict, NET/ MEXICO; 

A tract of 160 acres in Roseburg land district, OREGON; 



-42- 



Tv/© tracts, aggravating 240 acres , in Douglas land district, 

WYOMING: . . 

' -.:■.■: i:; ,. ' : ' " ' ' 

will be open to 'homestead arid desert-land' entry by'. ex-service men of 
the war with Germany $j&*&S days beginning July 24, 1920, with the 
exception of the tract in Nebraska which will be subj ect. o'rly to hone- 
stead- entry during such period* Filings' may be presented at the re- 
spective land offices during the twenty 'days prior t.o that date. Any 
land that remains unentered will be open to homestea ; d entry only by 
the general public from September 26 to ; October 16, 1920, inclusive, 
and on and after October 15 to general disposition, that is, to ap- 
propriation under any applicable land law" by the general public- 

■ OPEN TO ENTRY THROUGH ' SURVEYS . 

ARIZONA: Official plats of survey of' approximately 23,700 acres 

of public lands' situated in T. 13 N., Rs. 9 and 10 17.' , 
and Ts. 19 and'. 20!J.,R»' 3.0 W;,'"G> -and S. R. B* and M», Arizona, ■ were ' 
transmitted to the Surveyor -General of Arizona on -July 21, 192 0, with 
instructions to transmit, ccpj es ; thfereof to the United States Land /"•..'.. 
Office at Phoenix fo'r official 'f ?I:±nk' 'after ■'the/u'Sual 30 days T notice.'; 
The date of filing w3 11 be f ix'fed' by fee* -Register hi t'he Proenix La r h'd ' 
Office. Subject t-o. va? id settl'em'eht"- rights and equitable claims', ex-' 
service men of the World War are entitled to a preference right to 
enter' these lands for 53 daye beginning with the date of filing. the,. 
plats, under House Joint Resolution No,,-29' : of February 14, 1920;° l;ands r 
open to general entry upon the 'expiration of ; - the 63-day period* 

The lands are reported generally mountainous' 1 and broken with 
scattering timber and undergrowth, with a scant growth of grass on the 
more open and rolling lands, ... 

■ .' ■ - SALE-: OF 'LANDS WITHIN THE "ABANDONED 
CAMP THREjE FORKS' -OWYHEE MILITARY .'.RESERVATION, ''":'' ' ""''■ 

.• >.: r .\ -IDAHO AND OREGON. ' ■>' 

The lands within the Abandoned Camp Three -Forks Owyhee Military 
Reservation, Idaho and; Oregon, described in' the- list accompanying Depart- 
mental Regulations pf April L r 1920. were Offered- for sale under the pro- 
visions of the Act of July 5^ 1884 (23 Stat.», . 103) , and Departmental Regu- 
lations approved- April 1, 1920; those situated in Idaho at the Boise, 
Idaho, Land Office beginning June 21st, and: those in Oregon at the Vale-/ 
Oregon, Land Office June 25th, 1920, and all of such lands. we^e disposed 
of to the highest bidders for :} cash- The total acreage was 4,043.18 acres;" 
appraised at 018,06.3*54;. sold-'for $20,085.18 ; making the sale' price 
^2, 021 .59 in excess qf the apprais als*.. ►... \ 

..r.i.'i.'e ' " 

-43- 



STOCK DRIVEWAYS 

Since the issuance of the last Bulletin, two more stock drive- 
ways have been established in Wyoming, and certain driveway withdrawals 
in Arizona, Colorado, Utah and Wyoming have been modified* During this 
period, the total area withdrawn for driveway purposes is 10,300 acres, 
which is distributed by states' as follows: Arizona, 240 acres; Colorado, 
6,149 acres; Utah, 1,400 acres; and Wyoming, 2,511 acres; and the area 
released from withdrawal for such purpose aggregates 8,712 acres, 560 
acres thereof being in Arizona, and 8,152 acres in Colorado. 

WELFARE- ASSOCIATION 
DEPARTMENT- OF THE INTERIOR 

WASHINGTON, June 28, 1920. 

To the Employees of the Interior Department: 

On December 10, 1919,: a circular letter was issued to' ■•the em- 
ployees of the Interior Department, published in the January number of the 
Bulletin, announcing the appointment of a Welfare Committee consisting 
of one member from eadh*. bureau. For the benefit of those clerks who 
failed to get this announcement, and also for the information of the 
entire personnel, this brief statement concerning the Welfare Committee 
and its activities is made. 

With the closing of the Convalescent Home for Soldiers near 
Walter Roed Hospital there remained a considerable sum of money which 
Mrs. Lane turned over to this Committee to be expended for the benefit 
of our employees in need of assistance in some emergency, such as acci- 
dent, death, etc. 

The Welfare Committee has made possible the sending of regis- 
tered nurses into homes of sickness, where the family is not able to pro- 
vide the money to pay for such service, and a visiting nurse will call 
at any employee's home in case of illness without charge, the services 
of said nurse having been paid for by Mrs. Lane. This service was util- 
ized during the recent flu epidemic when nurses were unavailable at any 
price from the regular course. It has also provided funds to carry on 
household expenses when accident, illness, or other misfortune visited 
the families of employees who needed financial aid. Arrangements are made 
for money thus advanced to be returned in easy payments where the employee 
is able to do so, in order that it may be used over again to help some 
other employee in distress. In other cases money has been advanced on 
salary voucher when an employee haa suddenly been called out of town, 
perhaps after banking hours. All the work of the organization is neces- 
sarily confidential in nature, and the amployee making an appeal is made 
to feel that the delicate matters he refers to the member of the organi- 
zation representing his bureau will be considered as strictly confiden- 
tial. 

-44c* 



; . Statement of the Treasurer June 22, 1920. 

Amount on' hand, November, 1919 ..,.!..»*-... *?* awsv? : .T.".T...O 5,500.00 
Gift .of ; Liberty Bori - d' ..... i . . ........... 100 .00 

Amounts paid buti- 

', . Land. Off ice ...»...' ...$ 268.00 

; ' Pension Office ..i * 650.00 

Education ........ 200.00 

Bureau of Mines „ c 625.00 

. Patent Office ...* 961.80 

Secretary's Office -..««.. 494.16 

Indian Office *.... ...»•••. 270.00 

" Geological Survey »*«•<• ...«.>•«•« 65.00 

■Hospital taxes 10.80 

'. . .Eguj.pvnent for toilcvts ....... — ,. 427.00 

Supplies for Red dross 

, C^ivale s cent Home, • ».. ...... 200*00 

• •'- The present Committee consists of the following: 

Chairman,' Miss Florence ViT« \7ieser, Geological Survey.,,. Room' 3225. 
Treasurer,' Miss 'Helen C. McGown, Bureau of Mines, Ro'c'm- 1114* 
Secretary, Mrs, Li ?♦ Littlepage, Reclamation Service,'. Room 6046. 
Mrs. H--# 7/.- Calvin, Bureau of Education, Room H'4>_ -..,; 

Mrs.'G. C. Blair; dell. Land- Office, Room 5334. ■■ " : ' ... .g 

Miss' Katharine Norton, - Indian. Office, Room 3115, ,'" . - : 

Miss Mary Louise Carr, Pension Off ice, Room 126. ' 
Miss-M. C. 'Veitenheimer, Patent Office^ Room 271-|/ 
Miss Edna M. Peltz, national park Service, Room' 4133. 
Miss ; Noma Thompson, Secretary T s Office, Room 6121. 

Committee members for the ensuing year will be elected by the 
employees of each Bureau in, October.' Members of the Committee welcome any 
suggestions looking to the welfare and eomfort of the employees of the 
Department. * • ."..'. V. 

'■ ; •■.:'■ 

1 :... •■;■ FLORENCE 17. Y7IESER, 

: „ • Chairman. < 



-45- 



CONSOLIDATED WORK REPORT? 0^ LOCAL LAND OFFICES 
FOR MONTH OF JtjNE 1920, 





: Cases Pending 


and 


: Cases disposed 


of 


:Pa»ding 




: Received 














Office 


: Pending 


:Rec t d. 




:!frans 


: Trans 


:Ref r d 




:June 30 




: June 1, 




■Total 


:mit'd 


:mit*d 


: to 


:Total: 


: 1920 


. • 


■■ 1920- 






:on ; Ap 


: other 


:Chief 








: 


j ■ 




:peal 


:wise 


:Field 
:Div. 






Alabama 


f . ^ » - - 


> 














Montgomery 


l ■ 201 ' 


: 41 


: -242 




: 36 




:: 36 


! 206 


Alaska 




1 v 














Fairbanks (a) 


: • 


l» 4 














Juneau 


: *• 136- 


v 188 


r -324 • 




S 163 


: 4 - 


: 167 


: 1578 J 


Nome (a) 


L 


v • • 














Arizona 


;. ■; 


;- - 














Phoenix (a) : 


















Arkansas : 


















Camden : 


37 : 


25 ! 


62 : 




24 : 


4 ': 


: 28 : 


34 


Harrison ! 


77 : 


106 : 


:' 183 : 




103 : 


3 : 


106 : 


77 


Little Rock • ; 


104 \ 


195 : 


. 299 : 


5 : 


, 120 : 


8 : 


133 : 


166 


California ; 


















El Centro : 


400 : 


98 : 


498 : 




: 106 ! 


10 I 


'li6r: 


382 


Eureka ; 


; 201 s 


; 46 : 


; 247 : 


38 : 


1 ! 




39 : 


208 


Independence i 


202 : 


69 : 


. 271 : 




51 : 


11 ! 


: 62 : 


209 


Los Angeles : 


239 : 


213 : 


452 : 


3 : 


231 : 


9 ; 


243 : 


209 


Sacramento : 


\ 622 : 


172 : 


794 : 


2 : 


316 : 


28 : 


. 346 : 


448 


San Francisco • : 


503 : 


100 : 


603 : 




85 : 


9 : 


94 : 


509 


Susanville : 


; 270 : 


84 : 


. 354 : 




56 : 


10 : 


66 : 


288 


Visalia (a) : 


















Colorado i 
















- . j ■'. 


Del Norte ' J 


162 : 


49 : 


211 : 




56 : 


2 : 


58 J 


.153 


Denver ' 


284 : 


. 199 : 


483 : 


3 ; 


195 : 


4 ! 


' 202 : 


281 


Durango \ 


304 : 


114 : 


•418 : 


1 : 


93 : 


5 : 


99 : 


319 


Glenwood Springs : 


2568 : 


509 ! 


3077 : 


1 : 


243 : 


14 : 


258 : 


2819 


Hugo : 


19 : 


16 : 


35 : 




16 : 




16 : 


19 


Lamar • i 


479 : 


343 : 


822 : 


11 : 


294 : 


14 : 


319 : 


503 


Leadville ! 


344 : 


88 : 


432 : 




112 : 


7 : 


119 : 


313 


Montrose : 


397 : 


225 : 


622 : 


3 : 


163 : 


19 : 


185 : 


437 


Pueblo \ 


2709 : 


564 : 


3273 : 




91 : 




91 : 


3182 


Sterling : 


256 : 


137 : 


393 : 




140 : 




140 : 


253 



-46- 



Florida 


• * 


:'- : :' 






; 


- * 


Gainesville 


: • 43 


:: 102 1 145 : : 


2 


: 8? 


7 


: 93. J , »'..' -.47 


Idaho 


: At' 


?••■:' ' ' ,-• 




; 


. 


: •• . . ■ :j -. ... 


Blackfbot (a) : ;> 


: ,-■ ;. • U 


: • "' -* : s : ' : ': 


f 


... .• 


i 


• '*'?>,'.' 


: :■; 896C 


: • 379- f : : 1275- : 


■ 4 


i 330 


5 


: 339:' - -936 


C'oeur d T Alene 


: 118 


: : 27 :<" 145 : 




1 28 


: 


: 28 : . J ;v 117 


Hailey (a) 




: \ ■ ' . : 






; 


• • 


Lewi st on 


; .75 


: ; 36 : ; 111 : 

• * * • 


. 


: 35 


: 2 


37 • : -*.74< 


Kansas 


; ; 


• « ■ « - - 4 

• * 9 » 


► 


.' 


: 


• ■'■\'i: : .^ '-'• 


Tqpeka -.-. '. ?$ 


i z>. H4 


: : " If : '- ■''"• i 


; 4 


: 43* 


2 


: 49 :.;• ,^7 


Louisiana .- - 


: '•'.: : ■ : 


• • • ■ %> * 


: .. 


\ '• 


• 


• • ; . i" i'. t\" 


Baton Rouge 


: : :75 


: . 73 : 143 : 


• 


: 61 


: 6 

• 


: 67 •„, -, 8!: 


Michigan 


* 


K • ' * 


» ■ 




• 


: arir/ii"*.-' 


Marquette 


:', 23 


: 29 : 52 : 

■ * • • 


d 


: 29 


4 


: 29 : , : ;. : 23-r. 


Minnesota ■ i 


* 






l 


« 
• 




Cass Lake 


: . : 131 


: '53 s 184' -\ 




: 59 


V 

: 


: 59. ^--,. 125 


Crookston - : . 


: . ; 310; 


: 41 '■: 35'f r; : 




: 21 


. , 


:■ 21-':" 330 


Duluth . 1 


' , 6 35 


: 38 : »*73' ; : 

R • » 


, 


: 39 




: 39 : 34 


Mississippi • ' ■ 


' : :-■:: ; ? 




i 






• * 


Jackson . / . 


'*': '•:; 1A 


: 39"' i- 53* •¥ 


3 


: 21 


n 


: 35 : 18 


Missouri . : 


• 


. : : : 








» ♦ 
1 *> 


Springfield . _.- : 


: ';•$<? I ' 


;3:V. :4'- : 




: 3 




3 : ... "X 


Montana . * : 


• : : * : J 


r » ; ' • 
» • « 








• 


Billings ] yt\ 


. • 180 : 


106--£c286^:' 




: 109 




109 : .177 '■ 


Bozeman - - : 


- -460 : 


ai *;CT5&lv£. f - 


3 


: 67 


: 2 : 


72 : .."469. 


Glasgow : 


'; 1194 : 


531 :1735 : 


7 


: 467 


: 16 : 


490 : 1235 


Great Falls \ : 


669; : 


lai : 850 : 


1 


: 175 


: 3 : 


179 : 671;.. 


Havre , : 


j 942; : 


520 :1462 : 


4 


: 590 


: 8 : 


.602 : -8o4^ 


Helena • h I 


; 1^93; : 


312 :1'405 ':' ■ 


4 


: 180 


, 10 : 


'194 : 1211, j: 


Kali spell '. r : 


: .v- 21: : 


37 : : 58 ■-:'■'■ 




: 33 




33 : 25 


Lewi st own : 


\ 1459; : 


332 :1791 : 


24- 


: 377 


109 : 


510 : 1231.- 


Miles City . : 


*. 3112.: 


672 :3784 : 


1- 


:-445 : 


CO • 


469 : 3315-' 


Missoula , : 


• Tf89 : : 


62 l"151 :'.'. 




:■ 58 : 


5 : 


63 : '.88g 


Nebraska . . : > : 
Alliance "?• : 


' -146 .: 


50 : -196 v- 




: 64 : 


4 : 




Broken Bow ' \,' ••: 


• «»93 .: 


23 : T1S £' 


-"- 


: 41 : 




41' :"*'&•.- 


Lincoln '. . : 


r ■ 9 •: 


9: : '-IS $~ 

• 4 


1 


: 12 : 


* * 


13 : "~5 * 


Nevada : 




* * 








* 


Carson City : 


333 : 


149 J A £82 : 




: 136 : 


7 : 


143 : 339 


Elko : 


154 : 


51 :' 205 : 


1 


: 48 : 


1 : 


50 : 155 



-47- 



New Mexico 
Clayton 
Ft ♦ Sumner 
Las Graces 
Ro swell ' 
Santa Fe (a) 
Tucumcari 

North Dakota 
Bismarck (a) 
Dickinson 
Minot 
Willi st on 

Oklahoma 
Guthrie 

Oregon 
Burns 
La Grande 
Lakeview 
Portland 
Roseburg (a) 
The Dalles 
Vale 

South Dakota 
Belief ourche 
Gregory 
Lemmon 
Pierre 
Rapid Cjfcfcy 
Timber Lake (a) 

Utah 

Salt Lake City 
Vernal 

Washington 
Seattle 
Spokane 
Vancouver 
Walla Walla 
Waterville 
Yakima 



555 

250 

1296 

1213 

298 



176 

59 

114 



224 



170 

129 

1065 

224 

65 



81 
54 
78 



253 


82 


564 . 


: 142 


219 


;. 89 


76 


: 65 


1091 : 


232 


493 ; 


141 


512 : 


86 


137 : 


18 


253 I 


150 


277 : 


87 


1525 : 


19§ 



725 

379 
2361 
1437 

363 



257 
113 

192 



70 : 294 



335 
706 
308 
141 

1323 
634 



598 
155 
403 
364 
1719 



2100 : 


360 : 


2460 


45' ; 


25 : 


70 


s: : 






7 : 


19 : 


26 


145 : 


83 ; 


228 


45 : 


10 : 


55 


147 : 


23 : 


170 


326 ; 


128 : 


454 


137 J 


37 : 


174 



: 4 


: 139 




: 143 : 




: 91 


: 2 


: 93 : 


: 4 


: 445 


: 4 v 


: 453 : 


: 2 


: 91 




: 93 : 




: 75 


: 1 


: 76 : 




i 63 


! 15 


! 78 : 




l 43 


: 1 


: 44 : 


: X 


: 119 




: 120 : 


• 1 


: 63 




: 64 : 


: 1 i 


. 49 


: 12 ' 


: 62 : 


: 1 


. 97 


: 9 : 


. 107 : 


: 1 


: 71 ; 


: 12 . 


84 : 




. 58 : 


: 1 


: 59 : 


9 : 


185 : 


10 : 


. 204 : 




114 : 


13 ! 


127 : 




93 : 


1 : 


94 : 


: 1 : 


15 : 


2 : 


18 : 




126 : 


3 : 


129 : 




51 : 


17 : 


68 : 


: 3 : 


166 : 


2 : 


171 : 

r i' 




294 : 


4 : 


298 : 




24 : 


1 : 


25 : 




17 : 


3 *. 


20 : 




: 73 : 


1 : 


74 : 




21 : 




21 : 




34 : 


2 : 


36 ; 


: 1 : 


88 : 


7 : 


96 : 


: 2 : 


51 : 




53 : 



582 

286 

1908 

1344 

287 



179 

69 
72 



230 



273 

599 

224 

82 

1119 
507 



504 
137 
274 
296 
1548 



2162 
45 



6 
154 
34 
134 
358 
121 



~46« 



Wisconsin 




Vifausau : 


: 9 


ViTyoming 

Buffalo : 
Cheyenne : 
Douglas (a) 
Evar.ston (a) 
Lander : 
Newcastle : 


1845 
: 1587 

550 
1730 




405 PI 



12 



406 
628 



237 
622 



13381 



21 


t • ■ • 
t . r • 

■ : 17 




17 


: 4 


2251 : 
2215 : 


10 : 843 : 
. • 5: ,-631 : 


. 11 : 

15 : 


864 : 
: 651 


. 1387 
: 1564 


787 : 
23112 


1: 336 : 
6: 518 


3 : 
7 : 


340 : 
531 : 


. .447 
1821 


5 3942: 


. 179:11356: 


541 : 


12Q76 : 


'41866 



Mote (a) No report received from these offices on July 27, 1920. 



OBITUARY 



¥. A. Roberts 



The Bulletin is in receipt of a letter from the United States 
Surveyor General of South Dakota, announcing the death of Y/„ A. Roberts, 
formerly chief clerk of that office, which occurred July 17, 1920, 

Mr. Roberts entered on duty in the office of the Surveyor General 
of South Dakota, August, 1899, and except for a short period while act- 
ing as financial clerk in the Helena office," c^tinued actively under 
his original appointment until April 29, 1920, when he was furlcughed 
on account cf illness. 

This terminates an honorable, efficient, and active service 
of more than twenty years. 

RECENT AFT OINTMENT 

B. Frank Chestnut, Havre, Montana, appointed Receiver of 
Public Moneys at Havre, Montana « 



The General Land Office is in receipt of telegraphic advice 
of the death of Peter Hansen, Register of the Land Office at Vernal, 
Utah, July 20, 19 20, and of Fre<l A, King, Receiver of Public Moneys 
at Cass Lake, Minnesota, July 25, 1920 4- 



-49- 



. BIND YOUR BULLETINS 

Members of the Land Service xvho have complete files of Volume 
Three of the Bulletin are requested to forward them to the General Land 
Office, where they wil3> be indexed, bound and then returned to the sender, 

TELL THE BULLETIN 

To all local offices and field service employees : 

If anything occurs, in the public land service, which you think 
should be ehronicled, tell us about it . Address all communications to 
the Commissioner of the General Land Office, "Land Service Bulletin"* 
All communications should be received not later than the 24th of each 
month for use in the current number. 



-50- 

1337, 








Vol- 4. 



September 1, 1920. 



No. 



LITIGATION IN IKS GENERAL LAND OFFICE. 

Among the statutory powers conferred upon the General Land Of- 
fice is the quasi judicial duty of adjudicating claims on behalf of 
applicants for title to public lands, as well as between claimants 
for the same tract under the same or different laws. A study of the 
litigation that has found its way to the Land Department through this 
channel is not only exceedingly instructive, but productive of some 
serious doubts especially as to whether remedial acts operate as a 
remedy, or otherwise, or whether acts of relief favorably affect our 
docket . 



Ex parte cases, of course, are not now under discussion, because 
for the most part difficulties in adjudication in that field arise 
through want of understanding on the part of the applicant as to the 
true requirements of the law, or the failure of proof-taking officers 
to properly prepare the final proofs or other evidences of compliance 
with law. All this may lead to much correspondence and many require- 
ments on the part of the office before it secures satisfactory evidence 
that patent should issue. It is, however, the litigated case we have 
in mind, the one in which there are at least two parties applicant for 
the same, or part of the same, tract of land, each setting up his own 
alleged superiority of claim, or the want of title or inferiority of 
title on the part of his opponent. 

It mi glit seem, with all the years that have elapsed since our 
public land system has been in operation, that a thorough understanding 
would be had at least among our legal brethren as to the requirements 



of our principal settlement laws, as well as the practice under which 
cases are .initiated in the district land offices; but the cases th&t 
come up annually to this office, and the manner in which they are heudldd 
by attorneys and the local officers at times, do not justify any such con- 
clusion. True it is that in many respects the field of litigation, of 
late years, has been cleared of certain objectionable features, especially 
that of the prof essiona.1 contestant; the man who, singly or in numbers, 
infested each district land office, and with his pockets full of relin- 
quishments and affidavits of contest, lay in wait for the unfortunate 
land seeker. The man who sought to secure a homestead might look in 
vain over the tract books of the district land office to find an unap- 
propriated tract of land, but he would have no difficulty in finding an 
accommodating gentleman ready to sell a contest and guarantee success* 
Some of these contests had their origin in dummy entrymen, who v/ere paid 
to make an entry, and thereupon immediately 'executed a relinquishment, 
and turned it over to the professional dealer in contests. In this way 
the records were incumbered by fake entries, and collusive contests, the 
genuineness of which could not be. determined -without 'recourse to litiga- 
tion. District land officers were quite as helpless in most cases as the 
intending settler. They had no means of knowing whether the entryman was 
a genuine applicant for public land, or a mere dummy; they all looked 
alike; time only could tell. The rules of practice in force at that time 
were somewhat lax in that contestants were not under obligation to pursue 
their contests with diligence. An affidavit of contest might be filed and 
lie in the local office for an indefinite period without notice issuing 
thereon, unless some' interested party came in, and discovering the situa- 
tion, insisted upon the case proceeding. Now, however, such a condition 
is not possible, and our improved rules of practice ha.ve had much to do 
with clearing out the professional contestant, whose life at the same 
time has been made a burden from time to time, so "far as it was possible 
for our special agents ari'd Field Service generally. Still we find about 
the same number of litigated cases coming up from the district offices 
as formerly, and in most respects they are practically on the same founda- 
tion. The charge of failure to reside on a homestead is quite as fre- 
quently met with now, as it was before the modification of the homestead 
law allowing a five months' absence each year. It might have been believed, 
and it is thought that our lawmakers did so believe, that with the liber- 
alizing of the residence provisions of the homestead law, the homesteader 
would find it less burdensome to comply with the terms of the act, and 
consequently show better compliance 'with other features of the law in 
the matters of cultivation and improvements. Just how far these expecta- 
tions have been justified it would- be. difficult to say, but certain it 
is that shortening the period of residence has apparently not operated 
to reduce the number of contests on the charge of abandonment or failure 
to reside. 

It might be thought that with our long line of decisions begin- 
ning with the preemption law in 1841, down to the 'present time, in which 
the requirements of actual residence have been defined over and over 
again, without any substantial modification, settlers on the public 
domain would not be in doubt as to the requirements of the statute. 

-2- 



But this doeo not seen to have been the case. The homesteader, now, as 
well as in 1862. having made his entry, too often finds much more im- 
portant business elsewhere than on the homestead and thus invites the 
catastrophe of a contest- I.Iuch of this condition might be obviated by 
the proper advice of i;ur district officers, clerks of court., and United 
States commissioners at the time when entries are made. If the require- 
ments of, the law were carefully explained to the encryman at the time, 
and he advised as to what the consequences would be if he, failed to 
show compliance therewi th, good results could not fail' to follow., Too 
often the homesteader has been advised that his land would be subject 
to contest if he was absent therefrom ' for.,:mo.re .than six months; but he 
regarded the converse true , that if he was there once in six months, 
his land would net be subject to contest, and acting on that theory- 
came to grief. 

Desert land contests do not have their inception^on the same 
line of delinquencies as those of the settlement cases, but they now, 
as from the beginning, practically involve the question of satisfactory 
annual expenditures on the claim, water supply., and productive results. 
The time was when the Department used' to consider ^'potential irriga- 
tion" as sufficient "to defeat a .contest , but theoretical water is no 
longer regarded as an assurance of actual crops, -and that line of de- 
cisions has passed into the discard. But as in homestead entries, many 
of these difficulties might, be avoided if the entryman were better in- 
formed as to his duties under the law, " The fact that he may have all 
of the circular information that has been issued does not bring the 
matter home to him like a little sound advice from a Government of- 
ficial, a man who stands for the General Land Office, 

LUneral contests, that is between agricultural and mineral 
claimants inv&lving the character of the land, or between, rival claim- 
ants under the mining law, as a rule have their origin under conditions 
that could not very well be obviated by ever so kindly advice on the 
part of our field officials; and they not infrequently involve values 
of extreme significance and call for the services of the best legal 
mining expert the country can afford. 

Of course the Bulletin has no millenial idea of arriving at a 
time when the desires of public land claimants will be so- absolutely 
unselfish that no two men will ever want the same tract of land at the 
same time; but it is incumbent on every branch of the Land Service to 
see that each step taken in the direction of the acquisition of title 
is in due compliance with the law, so far as it is possible; and above 
all things, in the district land office, on the in^tintinn of litigation, 
to see that each requirement of the rules of practice is carefully ob- 
served, and thus, avoid possible disaster to one or both of the parties. 
It has been said that it is a good court that extends its own juris- 
diction, but it is a better one that lessens litigation. 

-3- 



INTERIOR DEPARTMENT APPROVES NATIONAL PARK-TO-PARK HIGHWAY. 

Secretary Payne has announced that the National Park-to-Park High- 
way would be officially dedicated to the American people in Denver,' C'cl-rac 
August 25, by Stephen T* Mather, Director of the National park Service, 
Department of the Interior, when the official designation party leavsc for 
the swing around the circle to fix the official route. The party will be 
under the guidance of l.Ir. A* L. Westgard, field representative of the 
American Automobile Association, who recently completed the path finding 
trip, having left 'Washington* D*-. C.:, June 1, on his long journey.. While 
the official tour is being conducted jointly by the National Park-te^park 
Highway Association and' the American Automobile Association, it has the 
sanction of the Department of the Interior. Official representatives of 
the National Park Service will accompany the party through each of the 
National Parks. 

"The World-' s Wonder Highway" as this road has been termed, links 
in a great chain eleven of our National Parks. It offers the widest '■ 
diversity of scenic beauty, peculiar geological formations, natural 
phenomena and climate to be found on any one continuous highway on' earth. 
The National Parks connected, with their distinctive characteristics are 
as follows: Rocky Mountain , heart of the Rocky Mountains; Yellowstone, 
geyser activity unequalled, canyon of gorgeous coloring and greatest 
exhibit of wild life; Glacier,' unsurpassed in mountain and lake region; 
lit. Rainier, greatest single peak glacier system; Crater Lake, lake of 
deepest blue in crater cf exploded volcano; Lassen Volcanic, active 
volcanism; Yosemite, valley of world famed beauty and rugged granite 
region; General Grant and Sequoia, home of largest and oldest living ' 
trees; Grand Canyon,- greatest example of erosion; and Me-sa Verde, -cliff 
dwellings of a vanished race. 

The Park-to-Park Highway will- traverse nine western States and 
will be approximately 4700 miles in length. It crosses every main trans- 
continental highway and touches most of the north and south highways -west 
of the Rocky Mountains. Of its total length Colorado will contribute 600 
miles; ?Jyoming 500 niles; Montana 400 miles';' Idaho 100 miles; Washington 
600 miles; Oregon 500 miles; California 1200 miles; Arizona 600 miles 
and New Mexico 200 miles. Ultimately this highway will be a hard sur- 
face road throughout its entire length ;'• already many miles have been 
surfaced by the several States under the Federal Aid Road Act. It will 
be one of America's greatest scenic assets and worthy of our slogan 
"See America First." 



-4- 



EXAMINATION OF SURVEY RE TURNS . 

The accumulation of returns of public land surveys forwarded from 
the offices of Surveyor General for final consideration has been for several 
years of such proportions that the force of expert examiners here were not 
able until the close of the fiscal year 1920 to bring the condition of the 
work to a point where it could be classed as current. Congress having pro- 
vided relief by appropriating money for the employment in Washington of 
experienced public land surveyors during the off season to aid the stat- 
utory examiners here, it is a source of gratification to announce that, the 
situation is at present better than at any time within the last eight years, 
the examination work here of the detailed surveyors during the last fiscal 
year has shown a considerable improvement over the preceding year owing to 
the industry and efficiency exhibited by the additional force and the 
greater length of time they were engaged upon the work. Credit is due 
these surveyors for the interest shown by them and for their desire to 
hasten the acceptance of the surveys. The advantages accruing to the 
Government are the experience gained by the field men in the requirements 
of the office, and also by the interchange of views in cases of complicated 
surveys and resurveys. The wisdom of invoking the assistance of our field 
men upon this kind of work, especially in the event of a congestion of 
returns awaiting attention, seems to be fairly well demonstrated. 

SURVEYS WITHIN RAILROAD LAND GRANTS. 

The survey of lands within the pla.ee or primary limits of the 
various railroad grants, which was the only branch of our surveying 
activities curtailed during the war, was resumed in the spring of 1919, 
and at the close of the fiscal year ending June 30, 1920, was engaging 
twenty surveying parties. 

When the act of June 25, 1910 (36 Stat., 834), requiring the 
Secretary of the Interior to complete the survey and adjustment of these 
grants and to subject the granted lands to taxation, went into effect, 
the unsurveyed lands within the various railroad grant limits extended 
throughout Arizona, California, Idaho, Montana, Nevada, ' New Mexico , 
Oregon and Washington, and aggregated probably 18,750,000 acres. That 
set provided a satisfactory and speedy means of securing from the companies 
the surveying funds to cover their moiety of the expense, out complica- 
tions were encountered in providing as rapidly as was necessary the 
Government's share of the funds. This hampered the work f o r the first 
year or two, but the handicap was removed in 1914 by an administrative 
change in the accounting system, authorized by Comptroller's decisions, 
and later by the voluntary , action on the part of some of the companies 
in applying for the survey of their lands under the provisions of the 
act of February 27, 1899, and depositing the entire estimated cost. 

This field of our work is now drawing to a close. There remains 
but one township to be surveyed in the Idaho limits, less than a. town- 
ship in New Mexico, while Oregon and Nevada are completely closed cut. 
In the remaining four States there is little yet to be accomplished out- 
side of the Hualpai Indian Reservation, Arizona. All of these unsurveyed 

-5- 



l&nde, including said , reservations, have been grouped for survey and the 
special instructions for the field work approved, except for a few isolated 
tracts in California, such as around Lit. Shasta and Castle Crags, hereto- 
fore returned as unsurveyable. By the close of the- present surveying 
season, this work will be reduced to but a few townships in the rough- 
est portion of the Cascade Mountains in Washington, which will have to 
go over to another summer. Thus the present calendar year will witness 
the practical finish of the great task entrusted to this office. 



FIELD SERVICE NOTES. 
From Santa Fe : 

This Division has recently been supplied with two new Ford auto- 
mobiles, for use of the field employes. We now have five Government cars. 



After a trial consuming two days, Judge Neblitt, of the District 
Court of the United States for the District of New Llexico, has just ren- 
dered a decree in the case of the United States against George F.I.lcCracken, 
Glen F. LicCracken, Wilbert F. UcCracken and T. B. Tarkington, directing 
the defendants to remove a fence maintained by them upon public land in 
the State of New Llexico. The defendants were perpetually enjoined and 
restrained from and after the removal of the fence from rebuilding or 
replacing the fence so removed- Costs. were charged to the defendants. 
This case grew out of a complaint, alleging that the defendants had 
fenced a considerable area of public land which prevented people inter- 
ested and the public generally from having free access to the land. Part 
of the fence was upon 'land withdrawn for stockdriveway purposes under 
the Act of December 29, 1916, and it was shown that the fence materially 
interfered with the use of. said driveway and that the defendants at- 
tempted to remove settlers from the lands .fenced. 



Just recently a tract of dry-farming land in the Fort Sumner, 
New Llexico Land District w^s sold at $45. 00 per acre. This same land 
a few years ago was considered almost worthless. 



5W 



It is reported that the U. S. Producers' Refining Company of 
Dallas, Texas, is contemplating putting in a plant at Alamogordo, Ne\ 
Llexico, to develop the shale beds of that, locality. It is claimed that 
the beds are large and heavily saturated with oil. 

Gener/ous rains have fallen throughout New Llexico during the 
past month and reports indicate the crops will be the largest in the 
history of the State. This section is enjoying a. period of prosperity 
that even the greatest of optimists in the State would not have predicted 
.ten years ago, when the business of farming consisted mostly of claim 
holders hoping only to prove up and obtain ownership of a 150-acre farm. 

-6- 



The recent heavy rains have interfered materially with the field 
work. In many cases, roads and bridges have been. washed out and in 
practically all sections the roads ; - i.rly im] >ls on account of the 
mud. One of the Agents reports he gets along very well .by using a good 
deal of profanity, a little more gasoline and a whole lot of pushing. 

During the past, we have had numerous inquiries from persons in 
the East and the Riddle West, relative to the oil situation in this dis- 
trict and many requests as to the standing of the numerous oil companies 
operating here* Just recently we were asked for information concerning 
an oil company located in Washington* D. C. ,that is selling stock in an 
oil well located, as their prospectus states "in our oil field within 15 
miles of Washington, D. 0." The prospectus in a wonder and, if. all that 
is stated therein is true, there is enough of oil to supply the -world on 
the farm, of Rr* Lender in Prince George County, Maryland. 

From Portland : 

July ''27, 1920, a suit at law was filed in the United States Dis- 
trict Court for the District of Oregon by the United States vs. The Grand 
Ronde Lumber Company, an Oregon corporation, to recover damages in the sum 
of y685, 943*26 , being the value of the land and timber embraced in 153 
timber and stone and. homestead entries, title to which was alleged to 
have been procured from the United States by fraud. 

The measure of damages where the lands have been' transferred by 
the Company is the value of the land and timber at date of transfer, and 
where the Company still holds the lands, the value of the land and timber 
at the time suit was brought. 



On August 9, 1920 i Special Agent Bennett, in charge of hearings 
in the Helena Field Division, called at headquarters here. L!r« Bennett 
was formerly connected with the Alaskan Field Division. His trip to the 
Portland Field Division was made in connection with some hearings cases 
and a conspiracy investigation* 

On August 13, 1920* Special Agent in Charge- of Hearings for this 
Division, John J. Brpsnan left for a visit to Washington, D. C, on ac- 
count of the severe illness of his father who resides there. 

On August 9, 192C, Special Agent Harvey J. Brown returned to duty. 
As heretofore noted in the Bulletin, he was seriously injured on June 34, 
1920, having been knocked down by a large truck. 



iTSiis fro:: tke field service court docket. 

Indictments reported in Oregon for perjury and conspiracy to com- 
mit perjury; 13 indictments for this offense were the outgrowth of false 
testimony given 'in land hearings. 

One indictment in Oregon for subornation of perjury. 

-7- 



PRIVATE LAND CLAIMS - EVIDENCE GF TITLE. 

The provisions of the act of May 18, 1858 (11 Stat., 290), re- 
enacted as sections 2471 and 2473 U. S. Revised Statutes, prescribing 
penalties for the false -making of any instrument in writing; or T,ha false 
dating of any evidence of title under Mexican authority, or presenting 
false and counterfeited evidence of title, is limited "to lands in Cal- 
ifornia." In any revision or amendment of those sections, their provi- 
sions should be extended to all public lands of the United States and to 
evidences of title issued 'by any former government. 

Legislation is also needed prohibiting the sale and conveyance of 
public land, or land to which patents have , been issued by the United 
States, by persons asserting title thereto under false, antedated, or 
forged evidence of title; or under evidence of title derived from any 
foreign government that has been rejected by any officer, commission or 
commissioner, board or court, authorized to pass upon such claims, and has 
not been confirmed or recognized as a valid title, where the grantor and 
his predecessors in title are not in possession of the land, and have not 
been in possession thereof within twenty (20) years prior to the date of 
the sale, or some such period of limitation; or where the land thus sold 
and conveyed has been in the actual use and occupation for a like period 
of those claiming title thereto under a greant, sale, or patent from the 
United States. 

While the United States has undertaken in the several treaties 
of cession to recognize or confirm all legal and equitable titles ac- 
quired under the ceding government, the government is not precluded from 
requiring that the claimants shall submit their evidence of title to ex- 
amination, that the genuine and valid may be separated from the forged 
and invalid; nor from prescribing penalties and prohibitions against the 
further prosecution or assertion of title, under evidences of title that 
may be determined to be forged, fraudulent, or invalid, and to the preju- 
dice of the United States and its patentees. The state statutes do not 
become operative until patent has issued, and are not believed to be fully 
adequate. In some cases neither party is vrilthin the jurisdiction of the 
state in which the land lies, and the only remedy available to the injured 
party is a suit in a remote jurisdiction to recover the purchase money 
from an insolvent grantor. 



DECISIONS INVOLVING OLD ENTRIES. 

Attempted Change of Description. 

A recent decision involved 40 acres of land in Macon County, 
Illinois. One William Davis Saker made a cash purchase on July 29, 1835, 
for land in T. 15 N., R. 3 E., 3d P.M. He subsequently claimed that he 
intended to take land of the same description in T. 16 N. , R. 3 E. He was 
allowed to make application for a change of description, and the records 

-3- 



showed that his entry was canceled. Some one else entered the lt.nd de- 
sired in T. 16 N., R. 3 E., and no change of entry was made. 
T. 15 N. , R. 3 E., appeared vacant and subject to entry. On the death of 
Baker, his heirs disposed of the land as part of his estate v ana at Vc; 
request of the present record owners the Baker entry was reinstated, s - 
patent will be issued in Baker's name. 

Two A s si gnment s . 

Charles C. Anderson located a military bounty land warrant for 
160 acres of land situated in the State of Michigan in the year 1854. The 
warrant bore two assignments by the warrantee, the widow of a soldier. 
The first assignment was complete, but had lines drawn across it, and a 
new assignment by the widow followed in favor of a different-party. The 
location of Anderson was suspended pending an explanation of the erasure 
of the first assignment, and whether or not the first assignee had any 
rights in the warrant* It was held that in view of the lapse of time, 
about 65 years, without any adverse rights being asserted in the warrant , 
the first assignment was canceled by the widow without delivery of the 
warrant and that no title had passed from her. The location by Anderson 
was held to be good, and issuance of patent -ordered. 

Re survey . 

Another case involves the location of a military- bounty land war- 
rant for 160 acres by a man named Bacon in the State of Llichigan. The 
location was made for a tract of land bordering on a lake. Because of an 
erroneous survey, the township was resurveyed, and the resurvey showed 
the lake about a quarter of a mile farther west than was shown by the^ 
original plat. The location was patented in I860 without regard to' the 
resurvey, plat of which was filed prior thereto. A homesteader' applied ■ 
to enter 120 acres of land, by the new plat, located on the old plat' where 
Bacon's descriptions fell, -but the assignees of Bacon defeated him on the 
ground of adverse possession and occupancy. The assignees' claim extend- 
ed to 230 acres. Taking into consideration all the facts, and the de- 
cisions of the Courcs and the Department, the assignees will- be allowed 
to amend their location to include all the land and get patent upon 
making proper payment. 



HOMESTEAD ENTRIES BY HUSBAND AND WIFE . 

An interesting case recently deci'ded involved homestead 
entries of husband and wife, in which both were held entitled to re- 
ceive patent. The wife, prior to marriage, made a homestead entry 
for 160 acres, on May ?1,. 1914. On June 25, 1917, she was married, 
her husband having made a homestead entry for. 160 acres in 1910, for 
which he received a patent in 1915. On August .30, 1916, he filed an 
additional homestead application for 160 acres, which was allowed 
July 24, 1917, under the enlarged homestead act. In December, 1917, 
the wife submitted three-year final proof,, which showed that after 
marriage she continued to reside on the land included in her entry, 
and her husband resided on the land patented to him. It was held 

-9- 



that the wife had fully oomplied with the homestead law before the 
husband's entry could successfully be attacked for non-compliance with 
the lav/, or for failure, to reside on the land. In view thereof both 
entries were allowed to stand. (20 L. D. , 185, and 33 L. D. , 335). 

PRIVATE CLAIMS WITHIN INDIAN PUEBLOS. 

By the Act of July 22, 1853 (10 Stat,, 309), the Surveyor General 
of New Mexico was required, under the instructions of the Secretary of the 
Interior, to ascertain the origin, nature, and extent of all claims to 
land under the laws, usages and customs of Spain and Mexico, and to make 
full reports to the Secretary of the Interior, to be laid before Congress 
for final action, "with a view to confirm bona fide grants," "* * * "also 
to report as to all pueblos, the extent, locality, number of inhabitants 
and nature of title of each." 

The instructions, approved August 25, 1854, informed the sur- 
veyor-general that by Mexican statutes the Pueblo Indians were entitled 
to the privileges of citizenship under the Mexican law, and that since 
the occupancy, of the Territory by the Government of the United States, 
the Territorial legislature of 1847 had passed an act providing: 

"That the inhabitants within the Territory of New Mexico 
known by the name of Pueblo Indians, and living in towns 
or villages built on lands granted to such Indians by the 
laws of Spain or Mexico, and conceding to such inhabitants 
certain land and privileges, to be used for the common 
benefit, are severally hereby created and constituted 
bodies politic and corporate, and shall be known in law 
by the . name of the 'Pueblo' &c, (naming it;) and by that 
name they and their successors shall have perpetual suc- 
cession * * "* sue and be sued ." 

The act of March 3, 1857 (11 Stat., 184) appropriated $3750 for 
the survey of the exterior boundaries of the Indian pueblos; and the act 
of December 22, 1858 (ll Stat., 374), confirmed the Indian pueblo land 
claims therein described, designating them as (for example) "C Pueblo 
of San Juan in the county of Pdo Ariba," 

"And the Commissioner of the Land Office shall issue the 
necessary instructions for the survey of- all of said claims, 
as recommended for confirmation by the said surveyor-general, 
and shall cause a patent to issue therefor as in ordinary 
cases to private individuals: P rovid ed , That this confirma- 
tion shall only be construed as a relinquishment of all title 
and claim of the United States to any of said land , and shall 
not affect any adverse valid rights, should such exist." 

In pursuance of that act, the Pueblo of San Juan was surveyed 
in townships 21 and 22 N. , ranges 8 and 9 E*, New Mexico meridian, con- 
taining 17,544.77 acres, and was patented November 1, 1864. The patent 

-10- 



contained the stipulation expressed in said act of Congress and was 
issued- 

"Unto the Pueblo of San Juan in the County of Rio Ariba, 
aforesaid, and to the successors and assigns of said Pueblo of 
San Juan." 

The patentee is described as a body "politic and corporate," as created 
by the Territorial legislature. 

At the request of the Commissioner of Indian Affairs, and under 
instructions from this office, dated July 9, 1913, to A, F. Dunnington, 
Topographer, surveys of the boundaries of individual claims in 'ore 
patented Pueblo were made and the plats were accepted July 23, 1917, an< 
copies transmitted to the Indian Office, and to the surveyor-general 
the United States Land Office under date of February 14, 1318. Each plat 
bears a recital reading: 

"The data shown on this plat are simply a portrayal of 
conditions existing on the ground at the time of the survey 
in the field, without recognizing, establishing, or admitting 
any right of occupancy, title, or ownership, legal, equitable 
or otherwise, in any person or persons, whose names may appear 
hereon or to any lands covered hereby." 

The tracts were represented on the plats in connection with the 
names of the several claimants as "private claims," and in. some instances 
proof was submitted to the surveyors in the same manner as is required 
by claimants under the provisions of law governing "small holding. claims 
in New Mexico and Arizona. 

Du-ing the oast year more than one hundred applications for 
patents to "private^ claims" within the Pueblo of San Juan, nave been 
received at this office and have been transmitted to the Commissioner 
of Indian Affairs. The applicants have been advised in each instance 
that the land was within a patented Indian pueblo and therefore no, 
under the jurisdiction of this office, and of the disposition made of 



the application. 



CONFLICT BETWEEN INDIAN ALLOTMENTS 
AND STATE SWAMP SELECTIONS. 



On July 27, 1920, the Department had up the question of the 
issuance of a fee simple patent on certain Indian allotments for lands 
in the White Earth Reservation, Minnesota, in itoich cases^the lanas 
were also included in State swamp selections made by the »'^- te ot . 
Minnesota in 1910. Trust patents had issued on these allotment in 
the year 1902, and the White Earth Enrollment Commission report ea 
that these allottees were adult mixed bloods at the date of the acu 
of June 21, 1906 (34 Stat., 325), and that each allottee had conveyed 
his land since the date of the act of 1906. Said act of 190 Removed 
all restrictions as to sale, incumbrance or taxation for alxo-jve—s 
within the White Earth reservation, in the State of Minnesota, 



-11- 



by adult rnixed-blopd Indians, and provided that the trust deeds here- 
tofore or hereafter executed for such allotments are declared to puss 
the title in fee simple, or upon application the half blood shall be 
entitled to receive a patent in fee simple for such allotments. Ihe 
Department held the facts clearly bring the allotments referred to 
within the terms of the act of 1905, and that the Department is without 
jurisdiction to dispose of the lands otherwise than as directed in said 
act, that is, by the issuance of fee simple patent. Based thereon the 
State's claim to the lands under the swamp-land grant has been rejected, 
and fee simple patents will issue. 



CROW INDIAN RESERVATION. 

A good many inquiries are being received, relative to the opening 
to entry of lands in the Cro¥/ Indian Reservation, Montana. This is prob- 
ably owing to the fact that on June 4, 1920 (Public No. 239), Congress 
passed an act which provided for the allotment to the. Crow Indians of 
the. surveyed lands, and of such unsurveyed lands as are suitable for 
allotment, for the issuance of patent in fee to competent Indians, ex- 
cept with regard to their homestead lands, unless the wife joins in the 
application. The homestead is also inalienable for a period of 25 years, 
except that a portion may be sold with the approval of the Secretary of 
the Interior. The act limits the amount of land which may be acquired 
from tie Indians by any person, company or corporation. l.Iinerals includ- 
ing oil and gas, are reserved for the benefit of the Indians in common. 
The Secretary of the Interior is authorized to "sell allotted and in- 
herited lands in said reservation held in trust, with the consent of 
the allottee or the heirs, to any soldier, seaman or marine who served 
for ninety days during the late world war, or in any war" in which the 
United States was engaged with a foreign power, or in the civil war, 
who will actually settle on the land, on annual payments covering a 
period not to exceed twenty years, as may be agreed upon, under rules 
and regulations to be prescribed by the Secretary of the Interior. 
Tracts are also to be set aside for two townsites, not exceeding 80 
acres each, at. the Crow agency and Pry or subagency. 



-12- 



DIGEST OF R Gi KJLINGS CM OIL 

AND GAG PERMITS a ID LEASES. 

Rights .cf ^^AHonsJJn der Leasing Act . 

(1) An alien may not have any direct holding of a lease under the 
mineral leasing law. A citizen of Sweden may bo a stockholder in 
American company holding a lease, unless the laws of Sweden deny 1: 
privilege to American citizens* An American company , some of whose stock- 
holders are aliens, may make application for lease with a showing .:.:- to 
residence and citizenship of its stockholders! and the Department will 
then determine whether or not a lease may be granted. 

Execution of Applications by At to rney in F act . 

(2) In the case of the execution of applications for relief 
leases under Section 18, a corporation may act by an attorney in fact, 
but, as to individuals or associations of individuals they should exe- 
cute their own papers. 

Oil Claims p e nding Prior t o Pas sare of Act * 

(3) Cil claims, upon which valid discovery was made prior to the 
enactment of the mineral leasing lav;, arc not affected thereby, so long 
as the claimant complies with the law. If a discovery was not made in 
suck case the claimant must have been in diligent prosectuion of work 
leading to discovery, and continue such work to discovery, to protect 
his interest therein. 

Preference Right of State Gr antee . 

(4) To entitle the grantee of a State to a preference right 
under 'Section 20 of the mineral leasing law, the selection must have 
been approved and transferred by the State prior to January 1, 1918. 

Bond with Preference Right Application . 

(5) In the case of a preference right application under Section 
19, the bond may be filed therewith, or deferred until permit is authorized 

Articles of Incorpor a tion . 

(6) Under Section 25 of the regulations, a certified copy of 
the articles of incorporation should be filed with the original applica- 
tion, but an uncertified copy is sufficient to accompany the duplicate. 

Rights of Association in Ge ologic St ructure . 

(7) An association may hold only one permit in the same geologic 
structure, and the •• interest : of a member of different associations may 
aggregate 2560 acres in the same structure . 

-13-' 



Prsf erence Right to Permit of Enlarged Homestead En t rym an. 

(8) An entryman under the enlarged homestead act, made prior 
to February 25, 1920, without.' reservation of the minerals to the govern- 
ment, who makes an additional entry under the stock-raising act, may 
secure preference right to a permit under the leasing act for the lands 
covered by his original entry, upon filing- his consent to the reserva- 
tion by the. government of the mineral for "which permit is desired. There 
is no preference right tothe lands covered by the additional entry. 



RECENT DECISIONS OF THE DEPARTMENT 
OIL MINUS CLAIMS - WITHDRAWAL - PICKETT ACT 



Secretary Payne to the Commissioner of the General Land Office, 

June 17, 1920. 



Honolulu Consolidated Oil Company 



Honolulu Consolidated Oil Company 



: Visalia 03495, 05124, 5, 6, 7, 8, 
: 9, 30, 32, 33, 34, 05252. Mineral 
: entries sustained. Protest dis- 
: missed. Reversed. (D-37510) 
«N» 

: Visalia 05131, 05374, 5 & 6. 

: Mineral entries held for cancel- 

: lation. Affirmed. (D-37509). 



APPEALS FROM THE GENERAL LAND OFFICE 

Appeals from the decisions of the Commissioner of the General 
Land Office, dated February 11, 1919, wherein are involved the appli- 
cations of the Honolulu Consolidated Cil Company for patents for the 
following lands in the Visalia, California, land district, specifically 
described and included in mineral entries as follows: 



Lots 
Lots 
Lots 



NUi and NW£ 

s;4 

SEi 

sw^ 
sw-J 

SS 7 ^ 

s^- 

NEt 
SEf 

mi 

SEi 

& 2 of m 

& 2 
C; 2 

All in 



Lots 1 & 2 of 



of ne| 

of SWJ 



32 



Sec. 14 
Sec. 4 
Sec . 8 
Sec. 4 
Sec. 8 
Sec. 12 
Sec . e 
Sec - 14 
Sec. 4 
Sec. 14 
Sec. 12 
Sec . 8 
Sec • 6 
Sec » 6 
Sec . 6 
Sec * 6 
S., R. 



03495 
05124 

05125 
05126 
05127 
05128 
05129 
05130 
05132 
05133 
05134 
05252 
05131 
05374 
05375 
05376 
4 E., M. 



D. M. 



—14— 



The Department of Justice, in behalf of the Navy Department, 
has appealed from the decision of the Commissioner dismissing i J ." pro- 
test as to the first twelve applications, covering 13 orig: 
and the claimant has appealed from the decision of the Commissioner a - 
verse to its claims under the remaining four applications. 

The above described lands except those situate in section 6 are 
known and designated as the McReynolds lands; the area in said section 6 
is known as the Fox land, while an adjacent area, namely, all of section 
10, and the Sl%, Sec* 2, for which patents had been issued, are referred 
to as the patented tracts. The intervening odd numbered sections are 
within the grant made to the Southern Pacific Railway Company and are 
patented. 

In 1908 the region which is situated within the Buena Vista hills, 
Kern County, California, was outside of the proven oil fields and con- 
stituted what among oil operators was termed "wild cat" territory. 
September 14, 1908, the lands in this township together with numerous 
other tracts were by the Interior Department "temporarily withdrawn from 
agricultural entry pending their examination and classification." Prior 
thereto, on February 21, 1900 , the township had been suspended by the Com- 
missioner of the General Land Office from disposition until further 
orders. 3y orders of April 5, 1904, and May 25, 1907, that suspension 
was revoked. On June 4, 1909, all the township was classified by the 
Geological Survey as oil land and by departmental order of June 7, 1909, 
the temporary withdrawal of such lands from agricultural entry made" the 
preceding year was continued pending legislation. By Executive order of 
September 27, 1909, in aid of proposed legislation all public lands in 
the township were temporarily withdrawn from all forms of location, entry, 
or disposal under the mineral or non-mineral public land laws. That 
order provided that: ftll locations -or, claims existing and valid on this 
date may proceed to entry in the usual manner after field investigation 
and examination." By Executive order of July 2, 1910, the above with- 
drawal was ratified and continued, and pursuant to the Pickett Act of 
June 25, 1910 (36 Stat., 847), the land was withdrawn and reserved for 
classification and in aid' of legislation. By Presidential order of 
December 13, 1912, sections 2 to 13 of said township were "subject to 
valid existing rights" constituted a part of Naval Petroleum Reserve 
No. 2, to be held for the exclusive use and benefit of the United 
States Navy. The foregoing withdrawal and reservation orders still 
obtain except as otherwise above indicated. 

In September 1908, one L. A. Crandall, .an oil operator, entered 
into negotiation with the Buena Vista, Land and Development Company con- 
cerning tracts owned in fee by that Company. On .September 14, 1908, said 
Company and Crandall entered into an option development contract under 
which the latter undertook to develop oil on the Company's patented lands, 
namely, section 10 and SW^-, section 2, of said township, in which he later 
interested Captain Llatsbn^ 

In October and November, 1908, 0. 0. IIcReynolds and his associates 

-15- 



posted location notices upon 27 quarter sections in the township, in- 
cluding the lands above described except section 6 and the patented land. 
On December 28, 1908, an. option development contract was entered into 
between LIcReynolds and Crandall relating to the 27 Lie Reynolds locations. 
An interest in this contract was the same day conveyed to Ilessrs. Kemp- 
and Fairbanks who claimed some interest' in said lands. These contracts 
were assigned to I.iatson. 

Under the terms of this contract Crandall, who was acting 
throughout as the .agent and in the interest of Liaison', agreed to com- 
mence hauling materials upon each claim for the construction of a build- 
ing or a' standard derrick or drilling rig as early as practicable and 
within 30 days to place upon each claim material of a value of not less 
than OlOO.CO. The contract further provides: 

"that within sixty days after the completion of that certain 
well which the second party and certain of his associates are 
now preparing to drill upon section ten (10), township thirty- 
two (32) south, range twenty-four (24) east, LI.D.B.& LI., for 
the purpose of demonstrating whether or not oil exists in paying 
quantities in the vicinity of the lands herein described, and 
provided, oil- is found in said well in paying quantities, he will 
commence drilling for oil upon the above-described mining claims 
and within sixty days will commence drilling at least one well 
upon. each of two of the above-described claims,, and thereafter 
diligently prosecute said drilling until said wells are completed,- 
and following the completion of said wells shall diligently and 
continuously prosecute the work of. drilling the wells upon the 
others of said mining claims until at least one well is completed 
upon each of said claims-" 

December 23, 1908, B- LI. Howe and associates posted location 
notices on the four quarters of section 6. These, January 21, 1909, 
passed to Crandall under a development contract, in substance the same 
as the I.IcReynolds contract. . The LicReynolds contract was assigned to 
Liaison December 3.1, 1908, and the Fox contract January 29, 1909, and 
these by mesne conveyances later passed to the Honolulu Consolidated 
Oil Company, the present applicant for patents. 

Lumber was -hauled -to the various quarter sections and roads were 
built from section 10 to Taft. Camp was established on section 10 and 
water pipes laid from Buena Vista Lake to section 10 and a branch ex- 
tended to section 14. Drilling was commenced on section 10. On June 
16, 1909, gas was struck and on February 1, 1910, oil was found.. On 
September 27, 1909, all of the lands in question were withdrawn by 
Executive Order*. Controversy arose as to validity of this Order and 
r on June 25, 1910,' the Pickett Act was passed validating the same, with 
a proviso . 

"that the rights of any person who, at the date of any 
order of withdrawal heretofore or hereafter made, is a 

-16- 



bona fide occupant or claimant of oil or gas bearing 
lar.ds, and who, at such date, is in diligent prosecution 
of work loading to discovery of oil or gas, shall not be 
affected or impaired by such order, so long as such occu- 
pant shall continue in diligent prosecution of said work." 

The controlling question is -- was applicant at the time of the 
withdrawal order a bona fide occupant of these lands engaged in the 
diligent prosecution of work thereon, leading to discovery of oil on the 
different quarter sections? 

A word as to the statute. These claims,' originally involving 
nearly eight sections, were filed under' the placer mining law* , In- 
dividual placer claims are limited to 20 acres. No location of a placer 
claim may exceed 160 acres for one association of persons. These limita- 
tions as to acreage were undoubtedly intended to force intensive develop- 
ment of the mineral lands.- The courts have held that there is no limita- 
tion upon the number of locations an individual or association may make. 
But the requirements of the lav/ must be met as to each. 

Yi/hen this lav; was passed, oil development was not in contempla- 
tion. It was made applicable to petroleum by the Act of February. 11, 
1897 (29 Stat., 526). In applying this statute to oil development, we 
can not lose sight of the limitations imposed as to the size of the 
placer claims which an individual could locate. The policy of the lav;, 
as above stated, is to require development. Accordingly, when applica- 
tions are presented showing one man or corporation claiming approximately 
5,000 acres of land under these laws it is incumbent upon the applicant 
to show definitely that the law is being complied with in that regard. 

Now as to the facts: N.o drilling was commenced and no definite 
preparation for drilling started as to any of the quarter sections in- 
volved until after oil had been found on section 10 in paying quantities. 
Claimant insists however that it was engaged in group development. That 
the building cf the roads , the placing of lumber and derricks on xhe dif- 
ferent sections and the placing of the water pipe on sections "ID and 14 
and establishment of a camp on section 10, was part and parcel of. its 
plan of group development and in the language of the proviso in the 1910 
statute constituted "diligent prosecution of work leading to discovery 
of oil." 

There are difficulties as to the contention: 

The way to discover oil is to drill for it. On September 27, 
1909, there was no drilling and no definite preparation to begin drilling 
on any of the lands involved in these applications. The only drilling 
was on claimant's patented land. Claimant's purpose is plainly shown by 
the I.IcReynolds Crandall contract - to hold all of the unpatented land by 
a shov; of work until the drilling on section 10 demonstrated whether oil 
in paying quantities could be found in the vicinity. The contract pro- 
vided for no drilling until this demonstration was made and that Crandall 
(later Mat son) was at liberty to abandon any and all claims at any time. 

-17- 



It is plain, therefore, that if oil had not been found in paying Quan- 
tities on section 10, there would have been no drilling on any of the 
claims involved in this case,. I.latson's letters reveal his plan to as- 
certain the oil character of the field before incurring any larger 'px- 
pense than might be necessary to" hold possession- On March 6, 1.909* he 
wrote Crandall, his manager: ,T We are still 'wildcatting' and have spent- 
considerable money up to date, and I do not care to dump in any more until 
there is surety of success." He reprimanded Crandall for buying lumber. 
Yet the lumber bought was required for development, if development was 
intended. He directed that the irons be ■ omitted in ordering rigs. It 
seems obvious that such action negatives any intention to prosecute dis- 
covery work on each claim irrespective of the result on section 10. 

It is contended, however, that even if Mat son did not intend 
originally to develop all the locations, he changed his plan after dis- 
covery of gas on section 10, and at the time of the withdrawal order was 
proceeding to develop each and every one of them in a business-like man- 
ner and continued work thereon to discovery* To sustain this much testi- 
mony was offered. An analysis thereof shows that work on and respect- 
ing the locations involved was not materially, if at all, increased after 
the time when it is clear that Mat son was merely holding possession. In 
particular the testimony as to materials ordered is unsatisfactory and as 
to orders placed prior to September 27, 1909, is unconvincing* At the 
date of the withdrawal there were five more or less complete drilling 
rigs on the claims. Four of them had been erected in March 1909. No use 
had been made of them except to nold possession. Nor was use made of any 
of them prior to discovery on the patented land. Unused cabins were 
erected on the claims , obviously for the same purpose. 

My conclusion from the evidence is that Matson intended to hold 
possession of the land until it was demonstrated whether or not it was 
valuable for oil with the expenditure only of such funds as were neces- 
sary to that end, and that at ho time prior to September 27, 1909, did 
he intend to explore for oil on all or any of the locations unless oil 
was found in paying quantities on section 10. While that procedure was, 
as suggested, economical and business-like it is not a. procedure applicable 
to the acquisition of the public lands under the mining laws* The standard 
under those laws is "persistent and diligent prosecution of work looking 
to the discovery of mineral*" (Union Oil Cc, v„ Smith, U» Sy, .337, 347). 
Such work must be applicable to the location claimed and not merely di- 
rected to the development or ascertainment of the mineral character of 
the land in the vicinity of the locaticn. Matson sought to save money 
by first finding if the district was oil bearing through his work on 
section 10. rut the test contemplated by the mineral laws was discovery 
work not on section 10 but on each of the 31 locations. "The expenditure 
of whatever money may be necessary to the end in view" v/as the standard 
(McLemore v. Express Co., 158 Cal, , 559, 563). This standard Matson 
failed to attain. It must not be overlooked that the burden to show 
compliance with the statute rests upon the applicant and the proof must 
bring it clearly within the proviso of the statute. In my judgment , this 
has not been done. I find that, on September 27, 1909, the applicant was 

$ 

-18- 



not diligently prosecuting work leading to discovery of oil or gas on 
any of the locations herein involved. 

Accordingly, the decision of the Commissioner, dismissing the 
protest of the De.partment of Justice as to the 13 I.lcReynolds locations 
(d-37510), is reversed. 

The Commissioner held for .cancellation the applications for patents 
on the Fox locations because of the invalidity of the placer locations on 
which they were founded. In view of the conclusion I have reached in 
regard to the question of diligence under the Pickett Act, it is unneces- 
sary to consider the validity of the original locations. For the reasons 
above given, the decision of the Commissioner as to those locations, 
$)-37509) , is affirmed. 

The applications for patents are denied. 



-19- 



OIL AND GAS LEASES 
LIMITATIONS UNDER SECTION 2.7 ACT OF FEBRUARY 25, 1920- 

Acting Secretary' Hopki/is to the Matador Fetroleum Co., Cheyen.ie, 
Wyoming, July 10, 1920. 

By reference I am in receipt of your letter of the 2nd instant, 
addressed to the Secretary of the Interior ,in which you make inqui ey- 
as to whether an individual, under Sec. 27 of the leasing act of Feb- 
ruary 25, 1920, is limited to an interest in three leases in any one 
state, or whether an individual or corporation may hold interests in 
more than three leases, provided that the total sum of such interests 
does not in the aggregate amount to more than the equivalent of three 
leases of maximum size* 

In reply you will first note that Sec. 27 seems to apply to two 
classes of interests, namely, those held directly from the Government 
and those held indirectly through ownership of stock in corporation. 
As to leases held directly, there does not seem to be much doubt that 
the same person or corporation may not at the same time have more than 
three leases in any one state, or more than one lease within the 
geologic structure of the same producing oil or gas field, and if the 
party is a lessee, it makes no difference whether he holds the entire 
interest in the lease or a portion. 

The Section further provides that "no corporation shall hold 
any interest a.s a stockholder of another corporation in more than such 
number of leases".' This language, taken in conjunction with the lan- 
guage preceding it, seems to hold that a corporation may not have an 
interest in more than three leases, either directly as a lessee, or 
indirectly as a stockholder in a corporate lessee. True, the next 
clause provides that "no person or corporation shall take or hold any 
interest or interests as a member of an association or associations, 
or as a stockholder of a corporation or corporations", in which the 
aggregate leasehold interests exceed an amount equivalent to the maxi- 
mum number of acres allowed to one leasee. It is clear that as to a 
corporation the clause last quoted is inconsistent with the clause 
first quoted, and as the clause first quoted is more restrictive as to' 
a corporation than the following clause, it is considered that the for- 
mer controls. But this leaves an individual with the right to hold 
three leases directly, and, at the same time, to have a stock interest 
In corporations having leases, provided his direct and indirect hold- 
lings do not exceed the maximum for one person, namely, net exceeding 
* 2550 acres in the same structure or 7680 in the same" state. It fol- 
lows ^ also that a person may hold stock in any number of corporations 
holding leases provided his stock interests do not represent a greater 
acreage than that above stated. 

"■.Taile under the regulations substantially the same restrictions 
apply to permits as apply to leases, the number of leases one has will 
not necessarily limit the number of permits he may have, but when a 
permit ripens into a lease, then the restrictions as to leases apply 
to both* 

-20- 



PERMIT TO PROSPECT FOR OIL ■ 
CEDED UTE INDIAN LANfi'S 

First Assistant Secretary Vogelsang to the Commissioner 
of the General Land 'Office, August 8 V 1920* 

This is an appeal from what in effect is a decision by the Com" 
missioner of the General- Land Office of July 24, 1320, affirming +/;\e 
action of the local officers in reject:' ng the application 08759 ci 
Frank A. Kemp filed under the provisions of the act of February <5, 
1920 (Public Ho, 3 46), for a permit t-o prospect for oil, g&3 and !: ir- 
dred petroleum substances upon the Sir S-g-,, See 17, SE~ £E:;-, Sec* 18, 
Ef Sec* 19, all of Sec. 20, 1%' Sec, 22, W Sec. 23,'Ni^IEt, SE-£ Nfi|-, 
NE£ SEi, Ntf£, N£ SW4 SY/£ StfJ Sec. 29, and'f^ s Sec. 30, T. 36 N„, R„ 
17 Ti7*, N.MiP*M*, Durango, land district, Colorado. 

The tracts above described are within that portion of the Ute 
Indian Reservation in the State, of Colorado formerly occupied by the 
Uncompahgre and 17h.it e River Cites ceded' to the United States by the con- 
federated bands of Ute Indians 'by 1 the treaty of March 2, 1668, ae 
amended, accepted ana ratified by,' the act of June 15, 1880 (21 Stat., 
199), and opened to disposal under the provisions of the act • of July 
28, 1882 (22 Stat,, 13-78} . 

By section 3 of the said act of 1880, it is provided that after 
certain allotments should have been made to the Indians :- 

All the lands not. so allotted, the title to which is, by 
the said agreement of the confederated bands of the Ute Indians', 
and this acceptance by the United States, released and conveyed 
to the United States, shall be- held and deemed tc be public lands 
of the United States and subject to disposal, under the laws pro- 
viding for the disposal of 'the public lands, at the same price 
and on the same terms as other lands of like character, except 
as provided in this act; J^rovljledj That none of said lands, 
whether minera.1 or otherwise, shall be liable to entry and settle- 
ment under the provisions". of the- homestead law; but shall be sub- . 
ject tc cash entry only in accordance with existing law; and when 
sold the proceeds of said sale shall be first sacredly applied to. . 
reimbursing the United. States for all. sums paid out ar set apart 
under _ this, act by-'- the Government for the benefit of said Indians, ■' 
and then to be applied- in payment for the lands at one dollar and 
twenty-five cents per. acre which may be ceded to them by the United 
States'' outside of their reservation, in pursuance i&'f this agree- 
ment. And the remainder, if any, shall be deposited, in the . Treas- 
ury as now provided by law for the benefit of the said Indians in 
the proportion hereinbefore stated, and the interest thereon shall 
be distributed annually to them in the same manner as the funds 
provided for -in this act. 

3y the said act of 1882 it is declared: 



That all of that portion of the Ute Indian Reservation in 
the State of Colorado lately occupied by the Uncorapahgre and 
white River Utes be, and the same is hereby, declared to be 
public land of the United States, and subject to disposal 
from and after the pa-ssage ,,o-f this act, in accordance with 
the provisions and under the restrictions and limitations of 
section 3 of the act of Congress approved June fifteenth, 
eighteen hundred and eighty, chpater two hundred and twenty- 
three, except as hereinafter provided, under regulations to 
be prescribed by the Secretary of the Interior in accordance 
with the provisions of this act* 

And by section 3 of the act provision is made for the validation 
of. all entries, settlements or locations theretofore c made under any 
laws of the United States upon a strip of land not exceeding 10 milos 
in width within that part of the Ute Reservation in the State of 
Colorado then lately occupied by said Uncorapahgre and Uhite River Utes 
and bounded on the east by the 107th meridian of longitude: 

Pro vid ed, however f That if homestead entries have been 
made on said strip, the lands so entered shall be , paid for 
in cash, after proof which would be satisfactory under the 
preemption laws: And, provided furt her, That none of said 
lands shall be disposed of for any consideration other than 
cash, nor for a less price than one dollar and twenty-f ive 
cents per acre. 

The application for said permit was rejected pursuant to the pro- 
visions of paragraph 2 of the oil and gas regulations approved March 
11, 1920, issued under said act of February 25, 1920, wherein it is 
declared that leases under the act may not include land or deposits- 
in "(e) ceded or restored Indian lands, the proceeds from the dispo- 
sition of which are credited to the Indians'*. 

By said act of February 25, 1920, it is provided: 

That deposits of *** oil, oil shale, 4»r gas, and lands con- 
taining such deposits owned 'by the United States, including those 
in national forests, but excluding lands acquired under the act 
known as the Appalachian Forest Act, approved March 1, 1911 (Thirty- 
sixth Statutes, page 961), and those in national parks, and in lands 
withdrawn or reserved for military or naval uses or purposes, ex- 
cept as hereinafter 'provided, shall be subject to disposition in 
the form and manner provided by this act to citizens of the United 
States, or to any association of such persons, orVto any corporation 
organized under the laws of. the United States, or of any State or 
Territory thereof, and in the case of coal, oil, oil shale, or gas, 
to municipalities. 

Section 13 of the act authorizes the Secretary under such neces* 
sary rules and regulations as he may prescribe to grant any applicant 
qualified under the act a permit to prospect which shall give him the 
exclusive right for a certain period to prospect for oil or gas upon 
not to exceed 2,550 acres of land "wherein such deposits belong to the 



United States" and are not within any known geologic structure of 
a producing oil or gas field, subject to compliance with certain 
prescribed conditions. Sectioiml4 of the act declares that upon 
establishing to the satisfaction of the Secretary that valuable de- 
posits of oil or gas have been discovered within the limits of the 
land embraced. in any permit, the permittee shall be entitled to a 
lease for lands included in his permit upon payment of certain rbya] - 
ties and rentals and compliance with certain specified requirements <, 

The Indian title to the area in the State of Colorado formerly 
occupied by the Uncompahgre and white River Utes, including the tracts 
here in question, has long since been extinguished," leaving in .the 
Indians, however, a right to the proceeds of the lands if and wnen 
disposed of, at a price of not less than 01.25 per acre. Congress 
has in express terms declared said area to be public land of the 
United States, and "subject to disposal under the laws providing for 
the disposal of public lands, at the same price and on the same terms 
as other public lands of like character", except as otherwise pro- 
vided, and has made no exception that would preclude the disposition 
of any of said lands that may be valuable for. mineral under laws ap- 
plicable to other lands of like character. Aside from the provisions 
of the Acts of June 15, 1880, and July 28, 1882, supra, Congress, by 
the act of June 13, 1902 (32 Stat., 384), extended to said area, with 
certain exceptions, the provisions of the free homestead laws, but 
therein provided that the moneys lost to the Indians by reason M the 
passage of said act should be paid by the United States into the fund 
for the benefit of the Indians, and that all moneys received by reason 
of the commutation of homestead entries of said lands should be paid 
into said fund. Congress also, by the act of February 24, 1909 (35 
Stat., 644), extended to the area the provisions of the act -of August 
18, "1894, (37 Stat., . 372, 422), known as the Carey act, as amended ^ 
by the acts of June 11, 1896 ('29 Stat., 413, 434) /and March 3, 1901 
(.31 Stat., 1133, 1188), but provided that before any patent should 
issue to the State of Colorado under said act, the State should pay 
into the Treasury of the United States the sum of $1*25 per acre for 
the lands so patented, the money so paid to be subject to the provi- 
sions of the act of June 15, 1880, supra . Lands included in said 
former Indian reservation have been reserved, under the' provisions of 
Sec. 24 of the act of March 3, 1891 (26 Stat,, 1095, 1103), for forest 
purposes, which act applies only to public lands of the United States; 
and, under the authority conferred upon the Court of Claims by the 
act of March 3, 1909 (35" Stat,, 788), that court awarded to the Indians 
judgment for the value of the lands so included in forest reservations 
(The Ute Indians v. The United States, 45 Court of Claims Reports ,440) ." 
In its decision awarding judgment the court, at page 467, said — 

#■ #' -* #- «5f * jt .^3.3 unquestionably within the political 
power of Congress to authorize the withdrawal of these forest 
reserves from the market indefinitely, or for such periods as 
it should see fit, notwithstanding the ggreement, and thus de- 
prive the Utes of the proceeds of sales which otherwise would 



■23- 



have been made, and interest upon the same* Having done so, 
their claim for the proceeds of lands deemed to have been tcl.j. 
by the setting apart of the forest reserves, and interest 
thereon, must be derived entirely from the language of the 
jurisdictional act, ' , ' 

The lands here inrj question and the deposits contained therein are 
therefore lands and deposits "cv/ned by the United States" and the 
lands a.re not so far, as appears within any of the exceptions enumerated 
in the said leasing act of February 25, 1920; hence it must be held 
that by the express terms of said act, said lands and deposits are 
subject to the provisions of the act notwithstanding the fact that 
pursuant to the terms of the agreement- with' the Indians, they would 
be entitled to., receive the proceeds from any disposition that may be 
made thereof, the above cited provisions of paragraph 2 of the regu- 
lations issued under the leasing act being thus inoperative as to 
lands in the said former Lite Reservation* ■ 

For the:reasons-,hq.reinbef ore stated the action appealed from is 
reversed and all else being regular, the application for permit here 
under' consideration, will be allo-ved* 



LEAVE OF ABSENCE FOR THE PURPOSE OF 
PERFORMING FARM LABOR 



First Assistant Secretary Vogelsangto the Commissioner 
of the-General Land Office, June 11, 1920* 

The case of Goodrich v* Horeth, ' Glasgow 050640, "involved the pro- 
visions of the act of December 20, 1917 (40 Stat., 430), granting a 
homestead settler or entryman a leave of absence for the purpose of 
performing farm labor. After a statement of xhe case the Secretary 
held: ■• 

It' is not seriously disputed by' contestant that entryman would 
have been entitled to- constructive residence during' his absence from 
the land had he' 'filed the affidavits required by the act cf December 
20, 1917, supra * The showing made by entryman is sufficient to prove . 
that he was actually engaged in farm labor, but the contestant demands 
the cancellation cf the entry on" the ground that entryman failed to 
file the affidavits required by the act quoted above* The Department 
is unwilling, under the • circumstances here disclosed, to-inflict such 
a penalty. Congress doubtless had in mind the protection of entrymca 
from'. contests, when, it required the filing of the notice and written 
statements under oath, and where, as in this case, a contestant in 
effect admits that the entryman was actually engaged in farm labor else- 
where, the. entry will not be canceled, so long as v the lav/ is other-vise 
complied with. Horeth was not in default as to cultivation, being entitled 
to all of the second year from date of entry within" which to cultivate 
1/16 of the land. (Clayton v. Ocheltres, 43 L.D. 379)* 

For the reasons aforesaid, the contest is dismissed, the decision 
appealed from being reversed. 



ABSTRACT 0? TR^SURY DEPOSITS 



Circular No. 715. 

DEPARTMENT OF THE INTERIOR 
General Land Office 
Washington 



August 2, 19 20. 



: Paragraph 100, Circular 
:No . - 61 6 , mo di fi ed« 



Receivers of Public Moneys, 

U» S. Land Offices, 
Sirs: 

The Reclamation Service advises that copies o f Fo im 
4-106 "Abstract of Treasury Deposits" are no longer required by 
that office. Paragraph 100 of Circular 616 is therefore- modified 
accordingly and you nay discontinu e to ssid copies of such abstracts 
to the Director of the Reclamation Service, 

V e ry r esp ect fully , 

C. M. BRUCE, 

A s si st ant Co mm i s sio n er. 



-25- 



CIRCULAR NO* 716 

DEPARTMENT OF THE INTERIOR 
GENERAL LAND OFFICE 

Washington, August 11, 1920. 

■: Paragraphs 41 and 76, General 
: Reclamation Circular, amended. 

Registers and Receivers, 

U.S. Land Offices . 
Sirs: 

You are hereby advised that, on July 1, 19 20, the Secretary of the 
Interior amended paragraph 41 of the General Reclamation Circular, approved 
Hay 18, 1916 (45 L. D„, 385-445),' to read as follows: 

"41. Assignments under this act are expressly made 'subject to 
the limitations, charges, terms, and conditions of the Reclamation 
Act,' and inasmuch as the law limits the right of entry to one farm 
unit, and forbids the holding of more than one farm unit prior to 
payment of all construction or building and betterment charges, each 
assignor must present a showing in the form of an affidavit to the 
effect that the assignment is an absolute sale, divesting him of all 
interest in the premises assigned, and each assignee must present a 
showing in the form of an affidavit that he does not own or hold and 
is not claiming any other farm unit or entry under the Reclamation 
lav; or a tract of private land receiving water from a federal recla- 
mation project upon which all installments of construction or building 
and betterment charges have not been paid in full. If the assignee 
is a woman, it must be shown whether she is married or single, and 
if a married woman it must be shown that the assignment is purchased 
with her own separate money, in which her husband has no interest or 
claim (39 L, D., 504, and Sadie A„ Hawley, 43 L. D., 364). These 
affidavits must be accompanied by evidence of the conveyance of the 
land, as indicated in paragraph 42, and a further showing in the form 
of a certificate of the project manager that water- right application 
therefor is not yet receivable, or that the assignee has filed in tne 
project office for acceptance a rrater-right application in due form 
for the land embraced in the assignment. The affidavits and cer- 
tificates above described, should be in the following form, insert- 
ing the proper names, descriptions, etc., in the places indicated: 

Certificates of Project Manager- 

This is to certify that the project manager of the 



. project, State of _____ _, has not been 

authorized to receive water-right application for the foil owing - 



-as- 



described lands under said project, or any part thereof, 

t o -vit : 

Dated 19 



Project Manager Project 

State . 

Or 

This is to certify that post office address 

., did on the day of 



;, 19 , file in the office of the project 



manager, for acceptance, a water-right application in clue form 
for the irrigable area in the following-described tract of land 
under said project, to wit: 



Dated 19 



eject Manager _„_„^ r0 J ec " 

State 



Affidavit of Assignor 

of , being 

duly sworn, deposes' and says that'll _ assignment under the 

Act of June 23, 1910 (36 Stat., 59 2), of farm unit 

or the , of section , otoi'hship 

, range, ____> meridian, is a bona fide and absolute 

ssle of all h____ interest in and to the land and rights therein 
described, and that the assignee takes and holds same, as far 
as affiant is concerned, absolutely and free from any claim, 
interest, or demand on the part of the affiant other than 



(If mortgaged, so state) 



Subscribed and sworn to before me this day of 

19 



SEAL 



(Official character) 



Affidavit of Assignee 

of . b. 



duly sworn, deposes and says that he is the assignee of 

_____________ under the Act of June. 23, 1910 (36 Stat., 59?.), 

for farm unit . or 'the section 



township , range . .meridian; that he is a 

duly qualified assignee for the reason that he is over 21 

years of age; that he does not own or hold, and is not 

claiming any other farm unit or entry under the Reclamation 
Act of June' 17, 1902 (32 Stat., 388), or acts amendatory 
thereof or supplemental thereto, or one or more parcels of 
private land up to the limit of single ownership fixed for the 
project receiving water from the project system, upon which 
payment in full of all installments of construction or building 
and betterment charges has not been made; that this assignment 
is accepted .subject tc any unsatisfied mortgage against the 
land or any part thereof duly filed and recorded in the local 
land office; that she is married; that this assignment is 
purchased with her own separate money in which her husband 
has no interest or claim; and that ___ he has no agreement or 
understanding whereby any interest therein will inure to the 

benefit of another. Affiant further says that he has 

acquired the entire interest of the assignor in the tract 
assigned and doss not hold same as trustee or in any other 
manner for or on behalf of the assignor. 



Subscribed and' sworn to before me this the 
of . 19 



(Official character) " 

You are further instructed that on July 1 arid .July 24, 1920, the 
Secretary of the Interior amended paragraph 75 of said circular to read as 
follows: 

"76. Lands which have been patented or which. were en- 
tered before the reclamation withdrawal may obtain the 
benefit of the reclamation law. However, the landowner must 
be an actual bona fide resident on the land or occupant thereof 
residing in the neighborhood at the time of making water right 
application. The Secretary of the Interior has fixed a limit 
of residence in the neighborhood at a maximum of 50 miles. This 
limit of distance may be varied depending* on local conditions. 
After water right application has been made and accepted (which 
constitutes a water right contract), the applicant is not re- 
quired to continue his residence on the land or in the neigh- 

-28- 



borhood. A land owner may, however, hold rights to the uoe of 
water for more than one tract of patented, land in the prescribed 
neighborhood at one time, provided that the aggregate area of 
such tracts upon which the construction charge has not beer, 
fully paid does not exceed the maximum limit established by the 
Secretary of the Interior nor the limit of 160 acres fixed by 
the reclamation lav/, on which water will be furnished. The 
Secretary has decided that the area which may be held by any 
one land owner after the construction charges have been fully 
paid may exceed 160 acres. (43 L- D-, 339-341)- Water will 
not be furnished or. a tract of patented land and a tract of 
unpatented land ,in the same ownership unless the water charges 
have been paid in full on one of the tracts. In other words 
water will not be furnished on a tract of private land, re- 
gardless' of the area, and a tract of unpatented land in the 
same ownership at the same time unless all water charges on 
one of the tracts have been paid in full, A land owner who 
has made contract for the use of water in connection with 160 
acres of irrigable land and sold the .same, together with the 
wat'er right, can make other "and successive contracts for other 
irrigable lands owned or acquired by him. Holders of more than 
160 acres of irrigable land, or more' than the limit of area per 
single ownership of private' land as fixed by the Secretary cf 
the Interior, for which water may be purchased within the 
reclamation project, if such a limit has been fixed, must sell 
or dispose of all in excess of that area before water-right 
application will be accepted from such holders. (See pars. 91 
and 99). If the holder of a greater area desires, he can sub- 
scribe for stock in the local water users' association (if there 
be one), for his entire holding, executing a trust deed, giving 
the association 'power to ultimately sell the excess area to 
actual settlers who are qualified to comply with the reclama- 
tion law, unless the land has been sold. by the owner when the 
Government is ready to furnish water thereon, or provide for 
the disposal of such excess holdings in seme manner approved 
by the Secretary of the Interior. Holders of land in private 
ownership who have made and had accepted water right applica- 
tion for their holdings may receive water for lands in excess 
of the area hereinabove stated, in case such excess lands have 
had water-right application made and' accepted therefor, and 
have been acquired by descent, will, or by foreclosure of any 
lien; in which case said excess lands may be held for two years 
and no longer after their acquisition, Without in any manner 
militating against the right of the holder to be furnished 
water under the reclamation lav/." 

Very respectfully, 

CLAY TALLMAN 

Commissioner . 



Circular No* 717 

DEPARTMENT OF THE INTERIOR 
GENERAL LAND OFFICE 

Washington August 10, 1920. 



REGULATION'S FOR THE SALE OF LANDS INI 
ABANDONED CAMP BOUIE MILITARY RESERVATION. 



Register and Receiver, 
Phoenix, Arizona. 
Sirs: 



i-n i i_ v.i-u;- 



-WnSeV^iJetrSftmental regulations of July 19, 1910 (39 L.D., 124), as 
amended April 4, 1911, the agricultural lands in the abandoned Camp Bowie 
Military Reservation, Arizona, embracing 21938,86 acres, appraised at 
$50527*71, were offered for sale at Phoenix, Arizona, June 20, 1911, under 
the act of July 5, 1884 (23 Stat., 103), 

Of the lands offered, 7357.15 acres, appraised at $10294.44, were not, bid 
upon and remain unsold. These lands ' were reappraised May 24, 1920, at prices 
ranging from 01*25 to 03.00 per acre, the total appraised price being 013824*64 
which reappraisement is hereby approved* 

The unsold lands in question, 
will be reoffered for sale under the supervision of the Commissioner of tne 
General Land Office for cash at not less than the appraised values to the 
highest bidders at Bowie, Arizona, commencing at 10 o'clock a*nu, November 
12, 1920, 

The lands may be offered for sale as separate legal subdivisions or they 
may be disposed of in one or more units. 

Bids may be made in person or by agent, but will not be received through 
the mail. Purchasers will not be required to show qualifications as to age 
or citizenship or to make any showing as to the amount or character of public 
lands heretofore acquired by them under any law. Payment for the lands must 
be made by certified check made payable to the "Receiver, U.S. Land Office, 
Phoenix, Arizona*" The check must be delivered to the official conducting the 
sale, who will issue a receipt therefor, A further receipt will later be is- 
sued by the Receiver. 

Each purchaser will be required to furnish a non-mineral affidavit, which 
.need, not- be-'M-ie-chat the time of purchase, but must be filed before the issu- 
ance of the certificate of sale. 

The Commissioner is hereby authorized to prescribe such rules therefor, 
not in conflict herewith, as the exigencies may require, and he may at any 
time suspend or indefinitely postpone the sale or adjourn it to such time or 
place as he' may deem advisable, and he may reject any or all bids which, in 
his opinion, are less than the actual cash value at which any of the lands 
offered should be sold. 

-30- 



All persons are warned against entering into any agreement, combination 
or conspiracy which will prevent any of said lands from selling advantageously, 
and all persons so offending will be prosecuted criminally under section 59 
of the Criminal Code, which reads: 

"\/hoever, before or at the time of the public sale of 
any of the land of the United States shall bargain, contract 
or agree, or attempt to bargain, contract , or agree with any 
other person, that the last named person shall not bid upon 
or purchase the land so offered for sale, or any parcel thereof; 
or whoever by intimidation, combination, or unfair management 
shall hinder or prevent any person from bidding upon or pur- 
chasing any "'tract of land so offered for sale shall be fined 
not more than one thousand dollars, or imprisoned not more 
than two years, or both*" 



Very respectfully, 



CLAY TALUIAN, 

Commissioner* 



Approved:- August 10, 1920. 

Alexander T. Vogelsang, 

First Assistant Secretary 



-31J- 



Circular No, 719 
REGULATIONS FOR THE SALE OF LOTS IN THE TOY/NSITES 
OF DESMET AMD PLUMMER,. IN THE FORMER 
COEUR D* ALENF 'INDIAN 'RESER*. 
VAT ION, IDAHO. 

DEPARTMENT OF THE INTERIOR 
General Land Office 

Washington August-5, 1920* 

The Honorable, '.•;■•• 

The Secretary of the Interior. 
Sir: 

There appears to be a demand for the public sale of the forfeited un- 
reserved, and unsold lots and tracts in the townsites of Desmet and Plummer, 
in the former Coeur d'Alene Indian Reservation, Idaho. 

I, therefore, recommend that under the provisions of the act of June 
21, 1906 (34 Stat,, 337), the forfeited unreserved, and unsold lots in 
the townsites of 'Desmet and under said act and the act of August 4, 1916 
(39 Stat», 435), the forfeited, unreserved, unsold lots and acre tracts 
in Plummer townsite, be offered for sale at public outcry, under the super- 
vision of the Superintendent of Opening and Sale of Indian Reservations, 
at not less than their appraised value on the dates, at the places, in "'- 
the manner and under the terms hereinafter prescribed. 

Time and Place of Sale — Desmet at Desmet September 14; and Plummer 

at Plummer September 11, 1920, beginning on the dates mentioned and con- 
tinuing thereafter from day to day, Sundays and holidays excepted, as long 
as may be # necessary« 

l.Ia nner — Bids nay be made either in person or by agent, but not by 
mail nor at any time cr place ether than the time and place when the lots 
and tracts are offered for sale hereunder, and any person may purchase any 
number of lots and tracts for which he is the highest bidder. Bidders 
will not be required to show any qualifications as to age, citizenship, 
or otherwise, except that a corporation must file record evidence of its 
incorporation. If any successful bidder fails to make the payment re- 
quired on the date of the sale, the lot or tract awarded to him shall be 
reoffered for sale on the following. day . 

Terms — Pay ments will b e requ ired as follows: No lot or tract will 
be disposed of for less than $10, and any lot cr tract cold for $10 must 
be paid for on the day it is sold; the minimum of $10 and at least 25 per 
centum of the bid price of each lot or tract sold for more than OlO must 
be' paid on the date of the sale, and the remainder, if the price bid is 
050 or less, within one year from the date of the sale; if the price bid 
be over $50 and less than $100, 75 per centum of the cost may be divided 
into two equal payments due, respectively, one and two years from the date 
of the sale; if the price bid be : ?100 or more, the 75 per centum remaining 



-32- 



unpaid may be divided into three equal payments, clue, respectively, o 
two and three years from the date of sale. No entry will by alio 
until payment has been made in full for the lot, but in case cf pi 
payment the register will issue a non-transferable memorandum duplicate 
certificate showing the amount of the bid and the terms of the sale, and 
reciting the right of the purchaser to make entry upon completing the 
payments; the receiver in such case will issue a memorandum receipt for 
the money paid. Nothing herein will prevent the transfer of the inter- 
ests secured by the purchase and the .partial payment of the lot or tract, 
by deed, but the assignee will acquire no greater right than that of the 
original purchaser, and the final entry and patent will issue to the 
original purchaser when all payments are made. 

For feiture — If any pe rso n, who has made , par tial payment on the lot 
or tract purchased by him fails to make any succeeding payment required 
under these regulations at the date such payment becomes due, the money 
deposited by such person for such lot or tract will be forfeited and 
the lot or tract, after forfeiture is declared, will be subject to dis- 
position. Lots on'tracts remaining unsold at the close of sale or there- 
after declared forfeited for non-payment of any part of the purchase price 
under the terms of the sale will be subject to private entry for cash at 
their appraised value. 

All persons are warned against forming any combination or agreement 
which will prevent any lot or tract from ■ selling advantageously or which 
will in any way hinder or embarrass the sale, and all persons so offending 
will be prosecuted under section 59 of the Criminal Code of the United 
States, which' reads as follows: 

"VJhoever, before or at the time of the public sale of 
any p£rthe lands of the United States, shall bargain, con- 
tract, or agree or attempt to bargain, contract, or agree 
with any other person, that the last-named person shall not 
bid upon or purchase the land so offered for sale, or any 
parcel thereof; or whoever by intimidation, combination, or 
unfair management, shall hinder or prevent or attempt to 
hinder or prevent, any person from bidding upon or purchas- 
ing any tract of land so offered for sale, shallbe fined 
not more than one thousand dollars, or imprisoned not more 
than two years, or both." 

The Superintendent of the Opening and Sale of Indian Lands will be, 
and he is hereby, authorized to appraise any unappraised lot or tract, or 
to cause any. lot or tract to be reappraised which in his judgment is:, not 
appraised at the proper amount, and he may reject any and all bids for 
any lot or tract and at any time suspend, adjourn, or postpone the sale 
of any lot or lots, tract or tracts, to such time and place as he may 
deem proper. 

Very respect fully ,- 

CLAY TALLi.LAN, 

Commissioner, 
Approved as recommended: August 5, 1920. 

ALEXANDER T. VOGELSANG, 

First Assistant Secretarv. 



Circular 720 

REGULATIONS FOR THE SALE OF LOTS IN THE TOWNSITE OF DUPREE, ' 
IN THE FORUER CHEYENNE RIVER INDIAN RESERVATION, 

SOUTH DAKOTA. 

DEPARTMENT OF THE INTERIOR 

GENERAL LAND OFFICE August 5, 1920. 

The Honorable , 

The Secretary of the Interior. 
Sir: 

There appears to be a demand for the public sale of tho forfeited un- 
reserved, and unsold lots and tracts in the townsite of Dupree, in the former 
Cheyenne River Indian Reservation, South Dakota. 

I, therefore, recommend that under the provisions of the Act of May 29, 
1908 (35 Stat., 461), the forfeited unreserved, and unsold lots in tho townsite 
of Duproo be offered for sale at public outcry, under the supervision of the 
Superintendent of Opening and Sale of Indian Reservations,, at not less than 
their appraised value on October 21, 1920, at said townsite, beginning on the 
date mentioned and continuing thereafter from day to day, Sundays and holidays 
dxcepted, as long as may be necessary, in the manner and under the terms herein- 
after prescribed. 

I/tanner — Bids may be made either in person or by agent, but not by mail 
nor at any time or place other than the time and place when the lots and tracts 
arc offered for sale hereunder, and any person may purchase any number of lots 
and tracts for which he is the highest bidder. Bidders will not be required to 
show any qualifications as to age, citizenship, or otherwise, except that a 
corporation must file record evidence- of its incorporation. If any successful 
bidder fails to make the payment required on the ■ date of the sale, tho lot or 
tract awarded to him shall be rcoffcrcd for sale on the following day. 

Terms -- Payments will be required as follows. : 
No lot or tract will be disposed of for less than $10, and any lot or tract 
sold for OlO must be paid for on the day it is sold; the minimum of $10 and 
at least 25 per centum of the bid price of each lot or tract sold for more 
than OlO must be paid on the date of the sale, and the remainder, if the price 
bid is"y50 or less, within one year from the date of the sale; if the price 
bid be over y50 and less thanC'100, 7 5 per centum of the cost may be divided 
into two equal payments due, respectively, one and two years from the date of 
the sale; if the price bid be $100 or more, the 75 per centum remaining unpaid 
may be divided into three equal payments, due, respectively, one, two and three 
years from the date of sale. No entry will be allowed until payment has been 
made in full for the lot, but in case of partial payment the register will 
issue a non-transferable memorandum duplicate certificate showing the amount 
of the bid and the terms of the sale, and reciting the right of the purchaser 
to make entry upon completing the payments; the receiver in such case will 
issue a memorandum receipt 'for the money paid. Nothing herein will prevent 
the transfer of the interests secured by the purchase -and the partial pay- 
ment of the lot or tract, by deed, but the assignee will acquire no greater 

_~>a_ 



right than that of the original purchaser, and the final entry and patent will 
issue to the original purchaser when all payments are made. The act of January 
28, 1913 (37 Stat., 653), requires 20 per cent of the net proceeds to be set 
apart and expended under the direction of the Secretary of the Interior in the 
construction of schoolhouses or other public buildings or improvements in the 
townsite* 

rorfeiture — If any person who h as made partial payment "on the lot or 
tract purchased by him fails to make any succeeding payment required under these 
regulations at the date such payment becomes due 5 the money deposited by such 
person for such lot or tract will be forfeited and the lot or tract, after 
forfeiture is declared, will be subject to disposition. Lots or tracts re- 
maining unsold at the close of sale or thereafter declared forfeited for non- 
payment of any part of the purchase price under the terms of the sale will be 
subject to private entry for cash at their appraised value. 

All persons are warned against forming any combination' or agreement 
which will prevent any lot or tract from selling advantageously or which will 
in any way hinder or embarrass the sale, and all persons so offending will 
be prosecuted under Section 59 of the Criminal Code o: the United States, 
which reads as follows: 

"whoever, before or at the time of the public sale of any of the 
lands of the United States, shall bargain, contract or agree or attempt 
to bargain, contract, or agree with any other person, that the last- 
named person shall not bid upon or purchase the land so offered for sale , 
or any parcel thereof; or whoever by intimidation, combination, or un- 
fair management, she.ll hinder or prevent or attempt to hinder or prevent, 
any person from bidding upon or purchasing any tract of land so offered 
for sale, shall be fined not more than one thousand dollars, or im- 
prisoned not more than two years, or both-" 

The Superintendent of the Opening and Sale of Indian Lands will be, and 
he is hereby, authorized to appraise any unappraised lot or tract, or to cause 
any lot or tract to be reappraised which in his judgment is not appraised at 
the proper amount, and he may reject any and all bids for any lot or tract 
and at any time suspend, adjourn, or postpone the sale of any lot or lots, tract 
or tracts, to such time and place as he may cleem proper. 

Ve ry re spe ct f u 1 ly , 

cl,;y talk. an 

August 5, 1920 Commissioner. 

Approved as recommended. 

(Signed) ALEXANDER T. VOGELSANG, 

First Assistant Secretary. 

-35- 



Circular No. 721 

-REGULATIONS FOR IKE SALE OF LOTS III 'THE Tofel-TE OF PARKER, IN 
THE COLORADO RIVER INDIAN RESERVATION,; ARIZONA. 

DEPARTMENT OF THE INTERIOR 

GENERAL LAND OFFICE 'August 6, 1920. 

The Honorable , 

The Secretary of the Interior. 
Sir: 

There appears to be a demand for the public sale of the forfeited unre- 
served', and unsold lots and tracts in the townsite of Parker, in the Colorado 
River Indian Reservation, Arizona. 

I, therefore, recommend that under the provisions of the Act of April 30, 
1908 (35 Stat., 77), the forfeited unreserved, and unsold lots in the townsite 
of Parker, Arizona, be offered for sale at public outcry, under the supervision 
of the Superintendent of Opening and Sale of Indian Reservations, at nob less 
than their appraised value on November 6, 1920, at said townsite, beginning on 
the date mentioned and continuing thereafter from day to day, Sundays and holi- 
days excepted, as long as may be necessary, in the manner, and under the terms 
hereinafter prescribed. 

I lanne r -- Bids may be made either in person or by agent, but not by mail 
nor at any time or place other than the time and place when the lots and tracts 
are offered for sale hereunder, and any person may purchase any number of lets 
and tracts for which he is the highest bidder. Bidders will not be required to 
show any qualifications as to age, citizenship, or otherwise, except that a 
corporation must file record evidence of its incorporation'. If any successful 
bidder fails to make the payment required or. the date of the sale, trie lot or 
tract awarded to him shall be reoffered for sale on the following day. 

±$ZQs. -- Paym ents "/i ll be required s.s foll ows : 
No lot or tract will be disposed of for less than OlO , and any lot or tract sold 
for ylO must be paid for on the day it is sold; the minimum of OlO and at least 
25 per centum of the bid price of each lot or tract sold for more than OlO must 
be paid on the date of the sale, and the remainder, if the price bid. is $50 or 
less, within one year from the date of the sale; if the price bid be over $50 
and less than -'3100, 75 per centum of the cost may be divided into two equal pay- 
ments due, respectively, one and two years from the date of the sale; if the pric 
bid be ylOO or more,- the 75 per centum remaining unpaid may be divided into three 
equal payments, due, respectively, one, two and three years from the date of sale 
No entry will be allowed until payment has been mades in full for the let, but in 
case of partial payment the register will issue a non-transferable memorandum 
duplicate certificate showing the amount of the bid and the terms of the sale, 
and reciting the right of the purchaser to make entry upon completing the pay- 
ments; the receiver in such case will issue a memorandum receipt for the money 
paid. Nothing herein will prevent the transfer of the interests secured by the 
purchase and the partial payment of the lot or tract, by deed, but the assignee 
will acquire no greater right than that of the original purchaser, and the final 
entry and patent will issue to the original purchaser when e.II payments, are made. 



_3£_ 



Forfei t lire — If any person who h as ma de partial payment on the lot or 
tro.ct purchased by him fails to make any succeeding payment required under these 
regulations at the date such payment becomes due, the money deposited by such 
perron for such let or tract will be forfeited and the lot or tract, after for- 
feiture is declared, will be subject to disposition. Lots or tracts remaining 
unsold at the close of sale or thereafter declared forfeited for nonpayment of 
any part of the. purchase price Under the terms of the sale will be subject to 
private entry for cash at their appraised value. 

All persons are warned against forming any combination or agreement 
which will prevent any lot or tx"act from selling advantageously or which will 
in any way hinder or embarrass the sale, and all persons so offending will be 
prosecuted under section 59 of the Criminal Code of the United States, which 
reads as follows: 

"■Whoever, before or at the time of the Public sale of any of the 
lands of the United States, shall bargain, contract or agree or attempt 
to bargain, contract, cr agree with any other person, that the last- 
named person shall not bid upon or purchase the land so offered for 
sals, or any parcel thereof; or whoever by intimidation ^combination, 
or unfair management, shall hinder or prevent or /attempt to hinder or 
prevent, any person from bidding upon or purchasing any tract of land 
so offered, for sale, shall be fined not more than one thousand dollars, 
or imprisoned not more than two years, or both." 

The Superintendent of the Opening and Sale of Indian Lands -will be, and 
he is hereby, authorized to appraise any unappraised lot or tract, or to cause 
any lot or tract to be reappraised which in his judgment is not appraised at 
the proper amount, and he may reject any and all bids for any lot or tract and 
at any time suspend, adjourn, or postpone the' sale of any lot or lots, tract 
or tracts, to such time and place as he may deem proper. 

Very respectfully, 

CLAY TALLI.IAK, 

Commissioner. 
August 6, 1920 

Approved - as recommended, « • 

ALEXANDER T. VOGELSANG , 

First Assistant Secretary. 



■37- 



-0- 



DEPAHTMENT OP THE H1T2RI0R 
General Land Office 



Public Lands Restored 
td 
Homestead Entry and Other Disposition 
- . .":""' ' by 

Proclamation, Executive or Departmental Order. 

Preference Rightc to Ex-Service Men of the War with Germany... . . 

General Method of Opening*. 

By virtue of Public Resolution Mo. 29 of February 14, 1920, here- 
after and. until February 15, 1922, '-.hen any surveyed lands within the pro- 
visions of the public resolution are opened or restored to disposition undei 
the authority of the Department, such lands, unless otherwise provided in 
th* order of restoration, shall become subject to appropriation under the 
laws applicable thereto, in the following manner, and not otherY/ise: 

Lands not affected by the preference rights conferred by" the Acts 
of AugusfIS, 1894 (28 Stat*, 394), or June 11, 1906 (34 'Stat ., .233) , or 
February 14, 1920 (Pub* 140) , will be subject to entry by soldiers under 
th* homestead ~nd desert-land laws, where both of said laws are applicable, 
or under the homestead". law only, as the case may be, for a period of 63 

•daya, beginning with the date of the filing of the township plat, in the 
case of surveys or resurveys, and with the date specified in the order 
of restoration in all-other cases, and thereafter to disposition under all 
of the public land lOT-i? applicable thereto, except where homestead entrymei. 
are granted a prior" preference period under the order. For a